The waiting period after your I-130 has been approved can be long and drawn out, and this waiting can cause a lot of anxiety when you are unsure about the following steps. This is why it is so important to have an experienced immigration lawyer working with you, as they can answer any questions you may have and ease the anxiety you may be experiencing.

LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.

If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.

What is Form I-130?

Form I-130, otherwise known as Petition for Alien Relative, is a form that can be filled out by a U.S. citizen or lawful permanent resident in order to establish their relationship to an eligible relative who is applying for conditional or permanent residence in the United States.

What Happens After Your I-130 Is Approved?

After USCIS has approved your I-130, they will send the case over to the National Visa Center, or NVC, unless you are planning to apply for Adjustment of Status.

– The Process For Applicants Living Outside of the U.S.

If you are living outside of the U.S. during the green card application process, these are the steps following your I-130 approval.

Step 1: The NVC will then do a so-called “case creation notification,” meaning that they will send you a letter or email notifying you of their receipt of your case file.

Step 2: Once this happens, you must wait until your priority date comes up in order to proceed with anything else related to the case, such as paying the filing fees.

Step 3: The NVC will send you a second notification when your priority date comes up, and that is when you can proceed with the visa application process.

– The Process For Applicants Living in the U.S.

If you are living in the U.S. during your green card application process, these are the steps following your I-130 approval.

Step 1: Find out if you are eligible for Adjustment of Status, which would allow you to apply for lawful permanent residence status without having to leave the U.S. If you are an immediate relative of a U.S. citizen, you may file Form I-485, otherwise known as Application to Register Permanent Residence or Adjust Status, along with your I-130 to expedite this process.

Step 2: Consider whether or not you have maintained lawful status in the U.S. and whether or not your priority date is current. If the answer to both of those questions is “yes”, you can proceed with applying for adjustment of status.

If you have not maintained lawful status in the U.S., you will need to apply for the I-601a waiver, or the Application for Provisional Unlawful Presence Waiver . This waiver should only be filed once your case has been sent over to the NVC, meaning that your priority date must be current to take any additional action.

Planning Your Roadmap to Success

We understand that the waiting process after your I-130 has been approved can be stressful and anxiety-inducing. This is why it is so important to have an experienced immigration lawyer working with you, as they can answer any questions you may have and ease this anxiety you may be experiencing.

If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.

LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.