Saint Petersburg, FL asked in Immigration Law for Florida

Q: I am a permanent resident, I married my husband here. He came here on a visa when he was my boyfriend.

My husband visa's is about to expire. We have file I-130. Is it recommended that he stays for the process or he leaves to country until the process is completed.

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2 Lawyer Answers

A: More information is needed. When did his I-94 entry card expire? Or his visa, as well? Have you accessed or have a copy of his I-94 card (go to www.cbp.gov, if necessary to access an electronic copy). In general, it can take a while for the USCIS and the State Department to process, what is known as an F2a family based visa petition and visa. This family based category is limited by a quota. This is a link to the current processing times, so it seems that he should leave and remain outside the U. S. until what is called the priority date for F2a is current. https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-november-2017.html

As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before he takes any further action. The above is general information, not legal advice, and does not create an attorney client relationship.

A: As a colleague already stated, additional information is needed. You may wish to schedule a consultation with a competent immigration attorney who can also discuss with you, the petitioning spouse, an application for naturalization (if you are yet eligible to apply for naturalization). It could potentially shorten the processing times in what sounds currently like an F2A preference category case, by turning the case into a non-quota based case (immediate relative of U.S. citizen).

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