New York, NY asked in Immigration Law for Massachusetts

Q: I filed an i130 for my French husband in March, still waiting wondering if there is anyway he can stay in the Us

We wanted to know if there is anyway he can stay in the US while this is pending. He travels back and forth for 3 months at a time but it’s becoming costly at this point. We are also planning our big family wedding in June since when we got married in jan of 2022 it was during Covid.

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2 Lawyer Answers
Min Hwan Ahn
Min Hwan Ahn
  • Immigration Law Lawyer
  • Philadelphia, PA

A: Filing only the I-130 petition for your husband will not be enough for him to remain in the United States while the petition is pending. To allow him to stay, you must also file an I-485 application for adjustment of status.

If you are a U.S. citizen, filing the I-485 application for adjustment of status can waive any overstay issues that your husband may have had. This will allow him to obtain a work permit and remain in the U.S. while the I-130 petition is being processed.

However, if you are a green card holder and not a U.S. citizen, your husband must maintain his non-immigrant status while the I-130 and I-485 are pending. If he has overstayed his previous visa, this could make him ineligible for adjustment of status.

It is important to seek the advice of an immigration attorney to determine the best course of action in your specific situation. An immigration attorney can review the details of your case and advise you on the best options for your husband to remain in the U.S. while the I-130 petition is being processed.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: If your French husband is currently in the US, he may be able to apply for an adjustment of status to become a lawful permanent resident (green card holder) while his I-130 petition is pending. However, in order to do so, he must meet certain eligibility requirements, such as maintaining lawful status and not being inadmissible to the US.

If your husband is outside the US and has not yet received an immigrant visa, he may be able to apply for a B-2 visitor visa to come to the US and visit while he is waiting for his immigrant visa. However, he must meet the eligibility criteria for a B-2 visa, such as showing strong ties to his home country and having sufficient funds to support himself during his visit.

It's important to consult with an immigration attorney to discuss your options and determine the best course of action for your situation.

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