I-130 Family Petition Is Approved. What Happens Next Can Be Tricky. - YouTube

Hey guys, in this video, we're gonna talk about what happens next. After the I, one

30 has been approved. If you're overseas and you're waiting on this process, it could be

very frustrating, especially if you don't know what to expect next, or if you're here

in the United States, you might be wondering, well, how do I actually get the green card

in my hands? Right? Can I do a adjustment of status? I'm gonna cover those issues in

this video. So stay tuned for those of you who are new to me. Welcome to my channel.

I'm Latoya McBean POY. I'm an immigration lawyer in New York, working with clients all

over the world on complex family and business. Immigration matters. Reach out to us at McBean

law so that we could look at your situation. We can be reached at 5 1 6 8 6 6 3900. Or

you may book your appointment with our [email protected].

Also, before you leave today, don't forget to subscribe to my channel and hit the notification

bell. Show your support for the work that I'm doing by hitting that notification bell.

That you'll be the first to get notice of my videos each week. Now let's talk about

the I one 30 process. The I one 30 is the underlying family petition filed by, um, individuals

who are filing for a spouse, parent, child, or sibling. Let's talk about those of you

outside of America. First question you need to ask yourself is, is my priority date current?

Is it my turn? Has my turn come up yet for me to take further actions with this case,

that's really critical because if your priority date is not current yet, you really can't

do much of anything right now, once your case has, has been approved, the U S C I S will

send the case over to the national visa center.

The NBC, the NBC does what it calls a case creation notification or letter. It will send

you a letter or an email notifying you that they have your case. And, um, there are some,

the additional steps that you need to take in order to move the process forward. However,

that case creation email or letter can be very confusing because for many people, they

actually can't do anything else right now. They actually have to wait because their priority

date is not current yet. They're just being notified that the NBC has their case and that

system online, the application process, that system is not opened up to you yet. You can't

even pay your fees or anything, not until it's your turn. Your priority date has to

come up first. If your priority date is not current, have to wait for the NBC to send

you a second notification that it is now time to move forward with your visa application.

If your priority date is current, oh, happy day, right? You can move forward and get things

going at the NBC level. What happens if you're here in the United States, should you apply

for adjustment of status or not? Well, firstly, are you eligible to adjust your status, right?

The big part that you need to really consider is this, am I an immediate relative of a us

citizen? Or am I in the family preference category? F1 F two F three or F four. Where

am I? Because if you're an immediate relative of a us citizen, you may proceed now and apply

for adjustment of status. And in fact, if you are an immediate relative, you, you should

have filed the I one 30 and I 45 applications together. Um, it's much faster and easier

to do it that way. But in any event, if you're an immediate relative, you can go ahead and

proceed with adjustment of status.

If you're eligible for adjustment of status, if you're in the family preference category

in, in a family preference category, have I continuously maintained a lawful status

in the United States all this time? If yes, then you move on to the next question, which

is, is my priority date current. If your priority date is current and you've continuously maintained

a lawful status, then you may proceed and apply for adjustment status. But if your priority

date is not current and you had continuously maintained a lawful status, you have to continue

to wait until your priority date becomes current. What happens if you had not continuously maintained

a lawful status, you will not be able to apply for adjustment of what happens next is this

guys again, you're gonna go back to the question about whether your priority date is current.

If it is current, then you're gonna have to wait until your case goes over to THEC and

for them to notify you that they have your case.

Um, and then you're gonna have to file a waiver. The I 6 0 1, a waiver, which you guys have

heard me talk about many times you'll need that waiver, but you cannot file that waiver

too soon. If you file it too soon, guys, before your case goes over to THEC, that waiver application

can be rejected, um, by U S C I S. And they'll send everything back to you because you it's

not your turn yet to apply for that waiver. So your priority date must be current in order

to apply for that waiver. Again, this is only for those of you with an approved I one 30.

I'm not speaking about any humanitarian, um, petitions or applications. Those come with

different exemptions and opportunities, then the I one 30. Okay. So I'm only speaking about

the I one 30 process. And this one, the issue with the waiver can be a little tricky and

confusing.

So I'm gonna summarize that point for you one more time, if your priority, if you're

here in the United States and you had not continuously maintained a lawful status and

your priority date is current, and your case is at THEC level, then you may file the I

6 0 1 a waiver. Okay? But if your priority date is not yet current and your case is not

at the NBC level, you still have to wait before you can file that waiver. I hope this video

was helpful to you. Um, comment below, let me know your thoughts on this. And if you're

you find yourself in one of those categories where you do need the waiver, reach out to

a us so that we could take a look at whether you're eligible for this waiver. Thanks so

much for watching this video, share it with other people, and I will see you in the next

one. Bye. Bye. Bye.