Dear Inquirer:

Since your I-130 is filed under the second preference and cannot be upgraded until your husband is a US Citizen, you are not currently eligible to adjust your status in the US. Even assuming the priority date were current, you would not be eligible unless you qualify under Section 245(i). Even then, since there is a long wait for a second preference petition, the Judge may insist that you take voluntary departure. The I-824 was probably filed in order to notify the Embassy abroad that the I-130 was approved and that you would be applying for an immigrant visa overseas later when the prioity date is current.

Depending on how long you have been in the US, you may be eligible for other relief. If not, however, the Judge may insist that you are only eligible for voluntary departure.

I recommend that you visit www.hanlonlawgroup.com or email us at visas@hanlonlawgroup.com if you would like to schedule a confidential consultation to discuss this matter further.

Regards,

I understand that your husband is not a USA citizen, but permanent resident. He filed the I-130 for you. I see that you are currently in removal /deportation hearings and have no other relief available besides I-130.

The main question is: what is the priority date on I-130? If it's not current yet, then you cannot be currently eligible for adjustment of status.

This situation is better to be discussed with a lawyer in private and off of the public forum.

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