Legal Question in Immigration Law in New York

Re: I-130 approved but.....

Hello, My name is Kerry Bretz and I am a partner at Bretz & Coven, a full service immigration law firm with offices in downtown new York city.

To be eligible for adjustment of status, you wife needs three things:

1. To be inspected and admitted or paroled into the US or be 245i eligible;

2. To have an immigrant visa immediately available; and

3. Not be inadmissible.

To answer the first requirement, I need to know when and how she came to the US and whether anybody else ever filed a visa petition or labor certification for her. The second requirement, she has. She is married a you, a United States citizen, so there is an immigrant visa immediately available to her (that is the Form I-130 that you filed). Whether or not she is inadmissible is a little more detailed, But I need to know if she ever committed any immigration fraud, has a criminal history, medical conditions and whether you are able to support her at 125% of the poverty guidelines.

This really requires expert help and a consultation is highly recommended. Please feel free to email us at [email protected] or visit our web site www.bretzlaw.com

Re: I-130 approved but.....

It is not clear from your question where your wife is currently living, and if she is in the US, it is not clear what her current status is. You mention that she is not eligible to adjust, but you do not say why. You should speak with an immigration attorney to determine her eligibility to adjust status in the and to discuss your wife's options now that your I-130 application has been approved.

Re: I-130 approved but.....

I would need more information regarding your particular case before I can comment on it properly.

However, you stated that the I-130 form had been approved for your wife based on the fact that you are a US Citizen.

Please note that all immigration petition processing is a slow so that the government can make the necessary background checks.

If you have not heard from the immigration service then they are still processing the application.

You need to call your immigration office to find out how long your wife will have to wait.

Only the immigration service can tell you how long the process will take, I could give you a rough idea but I do not know all of your circumstances.

Patricia Martin-Gibbons