West Englewood, NJ Immigration Law Firms & Lawyers

If your husband has convincing evidence that he did not engage in marriage fraud, you can appeal the I-130 determination within 30 days with all proof of the bona fides of his marriage. If the evidence is not available in time for an appeal, you can file a new I-130 petition when he obtains the evidence, and include that in the I-130 submission.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

This question is not very clear, but generally people who are in the U.S. with a valid nonimmigrant visa and then become eligible to adjust status in one of the many immigrant visa categories, may go through the adjustment of status process in the U.S. This generally requires that a visa is "immediately available" for the person at the time the case is filed. Determining whether a visa is "immediately available" can be discerned by review of the current Visa Bulletin issued by the U.S. Department of State. Some visa categories (such as EB2/NIW and EB1 Extraordinary Ability) are "self-sponsoring," others require a qualifying family relationship or sponsorship by a qualified employer. If you are asking about eligibility based on some specific family relationship or some specific job, it would be wise to consult with an immigration attorney who could learn all of the relevant facts and then advise you about eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

In general, these cases are readily approved by the US consulate and a new stamp is placed into your passport to allow you to enter the United States. In some cases however administrative processing is required so that the US Department of State officer is able to ensure that the case was properly granted to your husband. We have seen some cases where the US Department of State officer has asked the husband to come back to the country and to visa process in order to allow the wife and children to enter on the derivative visas, but this is not common. We hope this information is helpful to you and if you should require any assistance please feel free to contact our law office. We provide consular processing assistance to our clients on a routine basis.