Munday, TX Immigration Law Firms & Lawyers

If your husband was eligible for 245i, he should have made that claim in court. It's the responsibility of the respondent to inform the court as to what form of relief that he/she wishes to apply for with the immigration judge; the Department of Homeland Security will not make that determination for you. As long as your husband does not have any other issues of inadmissibility, you will now need to follow up on the I-130 petition that you had filed for him until he receives his visa interview at the US consulate in Juarez. After the interview, it's likely the consulate will require your husband to file an I-601 waiver application because he accumulated more than one year of unlawful presence before departing the United States. If the waiver application is approved, your husband will be allowed to return to the US immediately. If the waiver application is denied, he cannot return to the US for 10 years. In any event, he should NOT return to the US illegally.

If your mother became a citizen when you were 14 years of age then you must have had legal permanent resident status (green-card) whereby you would automatically be citizen. However, whether you qualify depends on various factors and therefore your family in the U.S. should consult with an immigration to determine if you derived US citizenship through your mother.

Most likely the forms were filled out incorrectly and requested consular notification if there is not a status issue. If not and this is USCIS error, then contact the customer service number for a corrected approval notice.