The Process of Applying for an Approved I-130 While in Removal Proceedings

If you or a loved one is currently in removal proceedings, the thought of applying for an approved I-130 may seem daunting. However, it is possible to successfully apply for an approved I-130 while in removal proceedings. In this article, we will discuss the steps involved in this process and provide helpful tips to ensure a smooth and successful application.

Understanding the Basics: What is an I-130?

Before we dive into the process of applying for an approved I-130 while in removal proceedings, it is important to understand what an I-130 is. An I-130 is a form used by United States Citizenship and Immigration Services (USCIS) to establish a familial relationship between a U.S. citizen or lawful permanent resident and a foreign national. This form is commonly used by individuals who are seeking to sponsor a family member for a green card.

Why is an Approved I-130 Important?

An approved I-130 is a crucial step in the process of obtaining a green card. It establishes the familial relationship between the sponsor and the foreign national and serves as the first step in the green card application process. Without an approved I-130, the foreign national will not be eligible to apply for a green card.

In Removal Proceedings: A Unique Situation

Being in removal proceedings adds a layer of complexity to the process of applying for an approved I-130. In this situation, the foreign national is already in the process of being removed from the United States. However, it is still possible to apply for an approved I-130 while in removal proceedings.

Step 1: Determine Eligibility

The first step in the process is to determine if you are eligible to apply for an approved I-130 while in removal proceedings. In order to be eligible, you must meet the following criteria:

• You must have a qualifying familial relationship with a U.S. citizen or lawful permanent resident.
• You must have a valid reason for being in removal proceedings, such as overstaying a visa or entering the country without proper documentation.
• You must have a clean criminal record and not be subject to any other grounds of inadmissibility.

If you meet these criteria, you may proceed with the application process.

Step 2: File Form I-130

The next step is to file Form I-130, Petition for Alien Relative. This form can be filed by the U.S. citizen or lawful permanent resident sponsor on behalf of the foreign national. The form must be accompanied by supporting documents, such as proof of the familial relationship and evidence of the sponsor’s status.

Step 3: Attend Your Immigration Court Hearing

While your I-130 is pending, you will still be required to attend your scheduled immigration court hearings. It is important to inform the immigration judge of your pending I-130 application and provide any updates as necessary.

Step 4: Attend Your USCIS Interview

Once your I-130 is approved, you will be scheduled for an interview with USCIS. This interview is to determine the validity of your familial relationship and to ensure that all eligibility requirements are met. It is important to attend this interview and provide any requested documents to avoid delays in the process.

Step 5: Await a Decision

After your USCIS interview, you will need to wait for a decision on your I-130 application. If approved, you will be able to move forward with the green card application process. If denied, you may appeal the decision or explore other options for relief.

Tips for a Successful Application

• Be honest and thorough when completing your I-130 application.
• Keep your immigration attorney informed of any updates or changes in your case.
• Attend all scheduled hearings and interviews.
• Provide any requested documents in a timely manner.
• Be patient and prepared for potential delays in the process.

Conclusion

Applying for an approved I-130 while in removal proceedings may seem overwhelming, but with the right guidance and preparation, it is possible to successfully navigate this process. By following the steps outlined in this article and seeking the assistance of an experienced immigration attorney, you can increase your chances of obtaining an approved I-130 and ultimately, a green card.

FAQs

1. Can I apply for an approved I-130 if I am in removal proceedings for a criminal offense?
   • It depends on the nature of the offense and whether it makes you ineligible for an approved I-130. Consult with an immigration attorney for guidance in this situation.
2. How long does it take to receive a decision on an I-130 application?
   • The processing time varies, but it can take several months to a year or more to receive a decision on an I-130 application.
3. Can I appeal a denial of my I-130 application?
   • Yes, you may appeal the decision or explore other options for relief. It is best to consult with an immigration attorney for guidance in this situation.