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anne
Lv 5
anne asked in Politics & GovernmentImmigration · 7 years ago

Adjustment of status question? Please help?

Hi. My sister came to this country like 3 years ago on a B2 Visa. She got married to a green card holder and sent in her i-130. This is what a lawyer told her. She has been waiting for 3 years for her green card but has not happened.. I am scared she might get deported. What should she do? She has A 5 year old and a 4 month old with this guy. She wants to study, but she has no money to pay for school. Please help me. What could be done to help her. She is also scared that she might get deported. Please no hate answers.

Update:

Thank you all for your answers! I truly appreciate it!

4 Answers

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  • 7 years ago
    Favorite Answer

    Anne,

    mailing in an I-130 initiates consular processing. The steps are this:

    1) I-130 is approved after about 5 months.

    2) USCIS forwards approved I-130 to the National Visa Center (NVC)

    3) NVC contacts petitioner and ask for Affidavit of Support

    4) Once received NVC sends the entire package to the US consulate in beneficiary's country.

    5) Consulate contacts beneficiary and asks for paperwork and schedules an interview. Thereafter the beneficiary gets an immigrant visa.

    The whole process takes about a 14 months currently. My guess is that the consulate tried to contact your sister but couldn't get hold of her as she is not home and hasn't been home in years. They then considered the petition abandoned and closed the file.

    That aside, if the beneficiary, your sister, has been unlawfully present in the United States for over a year, she will trigger a 10-year bar when leaving. That means she could not travel there if she wanted to as she could not come back for a decade. The only solution right now is to wait for her husband to become a US citizen and then file for Adjustment of Status (AoS). Only the spouses of US citizens can do that.

    Once her husband has become a US citizen post here again and we'll tell you what forms are needed. She'll have a Green Card about 5 months after filing for AoS.

    Source(s): An immigrant from Europe, I live in the charming old mission town of San Buenaventura and work as an attorney in Santa Barbara, California.
    • anne
      Lv 5
      7 years agoReport

      Is she deportable? They did send her a notices stating that her they received her application.

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  • Ed
    Lv 7
    7 years ago

    She is definitely subject to deportation and is ineligible for adjustment of status unless the husband becomes a citizen. She should encourage him to apply for naturalization or forget about remaining in the US.

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  • Nex
    Lv 7
    7 years ago

    A green card holder cannot get her a green card, her husband needs to naturalize, if he is able to do so now, she should get him to do it.

    Only when being petitioned by a citizen immediate relative is previous unlawful presence, and visa violation overlooked.

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  • Anonymous
    7 years ago

    she need to get a proper aila lawyer now ..she is current deportable http://www.ailalawyer.com/

    I doubt a 130 was ever filed

    shame she never bothered to do it properly from the start

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