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Approved I-130 but ineligible to adjust status

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  • Approved I-130 but ineligible to adjust status

    I just received a notice that my husband's I-130 was approved, but that he is ineligible to adjust status, since he entered without inspection. They're forwarding the approved petition to the National Visa Center, and we've yet to hear from them. My husband really needs to get work authorization because we just had a baby in July, and it's really hard to make ends meet with the lousy, low paying job he has. Could anyone explain to me what we need to do, or have any suggestions? Thanks!
    M Godinez

  • #2
    I just received a notice that my husband's I-130 was approved, but that he is ineligible to adjust status, since he entered without inspection. They're forwarding the approved petition to the National Visa Center, and we've yet to hear from them. My husband really needs to get work authorization because we just had a baby in July, and it's really hard to make ends meet with the lousy, low paying job he has. Could anyone explain to me what we need to do, or have any suggestions? Thanks!
    M Godinez

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    • #3
      Entering without inspection makes your hubby ineligible for work authorization (I-765) as well as adjusting status while in the U.S. (I-485). Approved I-130 does not change his status from illegal to legal.

      If you're a green card holder he'd have to wait for several years before a visa number is available from the State Department. If you become a USC you can upgrade the I-130 that is kept at the NVC.

      If you are/became a USC, you've got two options:
      1) Wait for the Congress to re-enact section 245(i) of the Immigration law which will allow him to adjust status without leaving the U.S. upon paying $1000 dollars fine. Chances of that are quite slim in the coming years.
      2) He goes back to his home country and applies for an immigrant visa at the embassy/consulate after approved I-130 is received and an interview date is scheduled. After leaving the U.S. he becomes inadmissible for 10 years because of illegal entry/presence. To overcome that you'd file a waiver form I-601. Filing this waiver is a whole other story.

      Either way will take some time and a lot of money. Going immigrant visa route, for instance, you'll have to pay for processing of an Affidavit of Support ($65), immigrant visa ($335), I-601 waiver ($250), fingerprints ($85), plus postage and travel/accommodation expenses.

      Not to be judgmental but it was your choice of marring an illegal who entered without inspection and having a baby. There's no easy way out.

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