Can I stay in the USA if my I-130 was approved?
The approval of an I-130, also known as a Petition for Alien Relative, is a significant milestone for individuals seeking to bring their family members to the United States. This petition is the first step in obtaining an immigrant visa for a spouse, child, parent, or sibling. However, many applicants are eager to know what happens next and whether they can stay in the USA once their I-130 is approved. In this article, we will explore the implications of an approved I-130 and what it means for the applicant’s status in the United States.
Upon approval of an I-130, the applicant’s family member may be eligible to apply for an immigrant visa, which will allow them to legally enter the United States. The process can vary depending on the applicant’s relationship to the petitioner and the applicant’s country of origin. Here are some key points to consider regarding staying in the USA after an I-130 approval:
1. Visa Availability: Before the applicant can legally enter the United States, there must be an available visa number. Visa availability is determined by the applicant’s country of origin and the preference category they fall under. If there are no available visas, the applicant may have to wait until a visa becomes available.
2. Adjustment of Status: Once a visa number becomes available, the applicant can apply for an adjustment of status to become a lawful permanent resident (LPR) in the United States. This process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with other required documentation.
3. Consular Processing: In some cases, the applicant may need to go through consular processing at a U.S. embassy or consulate in their country of origin. During this process, the applicant’s application for an immigrant visa will be reviewed, and they may be required to undergo an interview.
4. Conditional Residence: If the applicant is married to a U.S. citizen and the marriage was entered into less than two years before the I-130 was approved, the applicant’s LPR status will be conditional for two years. This means that the applicant must file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the second anniversary of their conditional residence.
5. Legal Rights and Protections: Once the I-130 is approved and the applicant has obtained an immigrant visa or adjusted their status, they will have legal rights and protections under U.S. immigration laws. This includes the ability to work, attend school, and travel internationally.
In conclusion, an approved I-130 is a critical step towards obtaining lawful permanent residence in the United States. While the process may take time, it is essential to understand the various steps involved and the requirements for staying in the USA. If you have any questions or concerns about your I-130 approval, it is advisable to consult with an immigration attorney to ensure that you are on the right track.
