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If a i130 is filed by a legal resident, can the beneficiary be adjusted in usa?

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  • If a i130 is filed by a legal resident, can the beneficiary be adjusted in usa?

    Hello, my brother is a legal resident and filed the i130, my question is after the i130 is approved, can his wife be adjusted in usa, she came to usa with a b2 visa, which expired 30 days ago (which means that was inspected for an immigration officer in the port of entry) and what is the next step? Or she has to do it going to he us embassy in her country (following the instructions of visa national center?

  • #2
    Originally posted by Hialeah View Post
    Hello, my brother is a legal resident and filed the i130, my question is after the i130 is approved, can his wife be adjusted in usa, she came to usa with a b2 visa, which expired 30 days ago (which means that was inspected for an immigration officer in the port of entry) and what is the next step? Or she has to do it going to he us embassy in her country (following the instructions of visa national center?
    No she has to go home or wait until he becomes a citizen which may be a long time depending on when he can naturalize. She will be illegal and can be deported during this time. Best case scenario for her is to leave before 180 days of overstay and wait in home country.

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