Ta oc
Mar 14, 2024
Adjustment of Status/Greencard
My I-130 was approved I am about to submit my I-485 but my husband green card was taken away over a year now, he has a pass immigration case that that came back to haunt him. Would the deny my case if I submit my forms or should I wait till his case his resolve first. Any advise on the best way to approach this.
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w s 🇨🇦🇺🇸Mar 14, 2024
there’s no details here but I’d consult a lawyer.
Adee BRMar 15, 2024
If your husband’s green card is revoked, it could impact the validity of the I-130 petition he filed for you. Generally, an approved I-130 petition remains valid as long as the petitioner’s status as a U.S. citizen or lawful permanent resident is maintained and the relationship between the petitioner and beneficiary continues. If the petitioner’s lawful permanent resident status is terminated for any reason, the I-130 petition can become invalid .
However, it’s important to note that there are certain exceptions and protections under U.S. immigration law. For example, if the revocation of the green card was due to factors that might not affect the validity of the I-130 petition directly, or if there are humanitarian considerations, there might be some avenues for relief. Additionally, in cases where the beneficiary is already in the United States and certain conditions are met, such as having a pending I-485 application for a significant period, there might be options to appeal or file motions against decisions unfavorable to the petitioner or beneficiary .
The process of adjusting status to a lawful permanent resident through Form I-485 requires that the applicant is eligible under a valid category and that the underlying petition (such as an I-130) remains valid. If you are in the United States and meet certain eligibility criteria, you might be able to file Form I-485 based on the approved I-130 petition. It’s crucial to ensure that all conditions for eligibility are met, including the validity of the petitioner’s status at the time of filing .
I think it’s good to consult a reputable immigration lawyer. They can also help explore any possible options for proceeding with the adjustment of status application despite the revocation of the petitioner’s green card.
tas smithMar 15, 2024
@Ta oc you need to wait unless you wanna be send home if you're husband green card was taken away it means he possible not in any status right now even your i130 would be revoke they can say he couldn't file for no one so it's best to wait until he resolve his case don't try to put yourself out there
