I-130 Visa – Petitions for the Immigrating Spouse of an American Citizen

Jun 25, 2014 | Form I-130

Basics on Waivers of Inadmissibility: Essential Guide for Law Firms

Struggling with complex waiver of inadmissibility cases?

Imagine turning these challenges into opportunities for your law firm.

Mastering the basics on waivers of inadmissibility can elevate your practice, leading to more successful outcomes, increased client satisfaction, and a stronger reputation.

In this article, we dive deep into everything you need to know about waivers of inadmissibility, from eligibility criteria to the application process.

Ready to boost your expertise and attract more clients? Read on to discover how.

Eligibility Criteria for Adjustment of Status

If you are a U.S. citizen ​who intends to sponsor your foreign-born husband or wife for a U.S. green card (lawful permanent residence), you  or your immigration lawyer will start the application process by filing a visa petitio​n​. This petition is called the Form I-130 (Petition for Alien Relative).  

Your immigration attorney will mail this form (with accompanying documents and fee) to U.S. Citizenship and Immigration Services (USCIS). If your spouse is currently residing ​overseas, your spouse will only be able to proceed with the green card application only after the I-130 is approved​,​ using a procedure called “consular processing”.

If your foreign-born spouse is already in the United States​ after a legal entry, he or she is likely eligible to “adjust status” (apply for the green card) at a USCIS office, without having to leave the United States — in which case you do not need to submit the I-130 and wait for its approval before submitting the adjustment of status application (I-485 and accompanying forms and documents). The two can be submitted to USCIS all at once​.​

It is important to note, however, that physical presence in the U.S. is not enough by itself, to render​ an immigrant eligible to adjust status. If, for example, your spouse entered the U.S. illegally, it is likely that he or she is ​not eligible to adjust status, but can only use the consular processing procedure and may need a waiver of past unlawful presence as well.

In these cases, you may want to contact ​a local  immigration lawyer in Miami, Florida for assistance. For more information, please visit tmsilvalaw.com, or contact The Law Office of Tatiane M. Silva, P.A., Esq. at 305-895-2500 (office) or michael@mmurraylaw.com.