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I130 approved

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Jammin

Member
What is the name of your state? GA

My I130 just got approved. I initially arrived as a student but is currently out of status because of some mix up with the college I am attending. I am still in school, but because my husband who is a PR made the I130 application - the school considers me AN APPLICANT FOR PR (which I know is not correct)...so as such I do not have an I120 - basically just floating out of status....so I would like to know what to do now? My husband will not be eligible for citisenship until another 2 years....so how does this approval help me at this point? To clarify, I transferred to this new college, but I did initally have an I-20.
 


ImmigAttyLana

Senior Member
It does not help you in any way at this point because the visa priority date is not yet current and you cannot file for adjustment of status until it is current or until your husband becomes a US citizen and you can upgrade your petition to that of an immediate relative.
Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

Jammin

Member
Re - Finding info on visa number availability

Thank you Mam for the quick reply. I would just like to know how I can find out where the NVC is at in terms of visa numbers for my case. My husband (the petioner) is from Jamaica. Thanks again for your help.
 

ImmigAttyLana

Senior Member
I am not sure what your question specifically refers to since, as I noted in my previous post, you are not going to be eligible to apply for the green card until the visa priority date becomes current. That means that the NVC is not doing absolutely anything with your case at this moment since it is still processing cases with visa priority dates from several years ago and until your visa priority date becomes current you will not be notified nor can you submit anything. It does not matter that your husband is from Jamaica since the visa priority dates have to do with the country of origin for the beneficiary and not the petitioner. Once your husband is a LPR, his country of origin is irrelevant.

The only way you can speed up your wait for the green card is to have your husband apply for his citizenship as soon as he is eligible to do so.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

Jammin

Member
Thanks again

I understood what you said earlier about the visa number - I just wanted to know where I could keep track of where they are at so I could estimate my waiting timeline. My husband got his green card in August 2002 - so can you tell me please when would he be eligible for filing his citizenship application?
 

ImmigAttyLana

Senior Member
On what basis did your husband get his green card? TYpically, he would be eligible for citizenship (to apply) once he has been a permanent resident for 5 years although he can apply within 90 days of that 5-year anniversary. So, if he became a permanent resident in August 2002, he would probably be eligible to apply for citizenship in May 2007.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney
 

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