Nathrop, CO Immigration Law Firms & Lawyers

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I am assuming that you did not go to an attorney, but instead went to what is known as a "Notario" or "Immigration Consultant". If the information and/or supporting documents provided in your application is false, you can be charged with immigration fraud and can be deported. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.

When you applied for your husband's immigrant visa, you demonstrated his intent to live in the U.S. (so-called immigrant intent). By law, every applicant for a visitor's visa must prove to U.S. consul that he has no intention to stay in the U.S. and intends to return to his own country (in other words, that he has no immigrant intent). As you can see, your husband is facing a very difficult task: to get a visitor's visa, he would have to convince the U.S. consul that there are circumstances that make necessary his trip to the U.S. now, before your petition for him is approved, but that he would come back to his country before his admission to the U.S. on a visitor's visa expires. It is a very difficult, but not an impossible task: it can be accomplished if your husband can show compelling reasons for his trip to the U.S. now, and even more compelling reasons why he would have to come back (for example, to liquidate property, or to finish work under a contract, to make care arrangements for an elderly parent, etc.)

The I-130 will not provide legal status when approved. If the petitioner is a US citizen, the beneficiary may be able to apply for an immigrant visa or adjustment of status depending on their situation.