What to Do After I-130 Approval: Staying in the U.S.

Learn about your options after I-130 approval and how to adjust your status in the U.S. Consult an immigration attorney for guidance.

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Approval of Form I-130 alone does not grant you the right to stay in the U.S. It establishes a qualifying relationship for immigration purposes. If you’re in the U.S., you must file Form I-485 to adjust your status to permanent resident. Eligibility to file depends on your circumstances, such as visa availability or lawful entry. Consult with an immigration attorney to understand your situation better, ensuring you comply with all relevant laws and procedures.

FAQs & Answers

  1. What is Form I-130 and why is it important? Form I-130 is a petition for alien relative, which establishes a qualifying relationship between a U.S. citizen or lawful permanent resident and their relative for immigration purposes. It is a crucial first step in family-based immigration.
  2. What happens after my I-130 is approved? After your I-130 is approved, it does not automatically grant you the right to stay in the U.S. You need to file Form I-485 to adjust your status if you are already in the U.S. and eligible to do so.
  3. What is Form I-485 and how do I file it? Form I-485 is the Application to Register Permanent Residence or Adjust Status. To file it, you must be eligible based on your visa category and your circumstances, such as lawful entry to the U.S. It's advisable to consult with an immigration attorney for guidance.
  4. Can I still stay in the U.S. if I am not eligible for Form I-485? If you are not eligible to file Form I-485 after your I-130 approval, you may need to explore other immigration options or consider returning to your home country. It’s best to consult with an immigration attorney to review your situation.

Watch More

For more information on visa processes and adjusting immigration status in the U.S., check out our related videos and articles. Understanding each step of your immigration journey is vital, and we encourage you to explore resources about Form I-485, other immigration forms, and legal advice to aid your situation effectively.

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