Legal Question in Immigration Law in Washington

Approved Petition for Husband

My husband came here illegally almost 10 yrs ago, we recently married 1 yr ago and have a daughter together. I submitted an I-130 petition for my husband and it was recently approved. But since he entered illegally he can't apply to adjust his status. The letter I received says that they sent our approved petition to NVC which will process the approved petition. What is the next step? Does this mean they will make him go back to Mexico and wait for a visa #? Or is there the option to adjust here. I am just not sure what happens next as a lot of ppl have told me that he will have to go back to Mexico, but others have said that after paying a fine they have been able to adjust here.

Asked on 7/15/08, 11:19 am

1 Answer from Attorneys

Tahmina Watson Watson Immigration Law, LLC

Re: Approved Petition for Husband

Whether your husband stays in the US or goes to Mexico for consular processing will depend on whether any applications were filed for him prior to 2001. If yes, then he may be able to pay the fine and adjust here.

If not, the next step will be that NVC will write to you a few times asking you to complete several other forms and pay the fees for those. Thereafter, the application will be sent to Mexico. Your husband will have a date set for an interview. Your husband will have to attend the interview in Mexico. At the interview, he will want to be be able show documents/evidence of the hardship you and your child would face if he was not allowed back in the country. The hardship documents will have to be filed with an I-601 form.

I hope that helps. If you would like further assistance, please feel free to call my office.

Best, Tahmina

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Answered on 7/15/08, 11:29 am

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