I-130

[mocaperez]

Hi,

My husband has an approved I-130 and his interview was scheduled in our home country l. We cancelled it because he didn't have his I-601A yet. I am about to become a U.S. citizen and I would like to know if after changing his process (from F2A to F1), he will be able to do his interview here in the U.S., so we don't need to apply for his waiver.

Thanks,

[inadmissible]

I assume he is presently in the United States, and he had entered with inspection? If so, yes, he can apply for adjustment of status when you naturalize

[mocaperez]

Yes, he is in the US and he came with visa B1-B2. I am glad to confirm that he can apply for adjustment of status. Thanks for answering.

[inadmissible]

As the immediate relative of a US citizen, he is exempt from the requirement - that generally applies to applicants for adjustment of status - that he maintain continuous lawful status

However, he is not exempt from the grounds of inadmissibility pertaining to unlawful presence. So, it is important that he not depart the United States until either he is granted Advance Parole as part of his adjustment application, or his I-601A is approved. Departing the United States is what triggers that bar.

[mocaperez]

That's exactly what I am not sure! If he applies for adjustment of status, he can do his interview here in the US, right? Does he need to apply for a waiver anyway? Because if he can do the interview here, he will not leave the country until he receives his greencard. My main doubt is if we need to apply for a I-601A even if we wait until I become citizen and apply for adjustment of status?
Thanks

[newacct]

That's exactly what I am not sure! If he applies for adjustment of status, he can do his interview here in the US, right? Does he need to apply for a waiver anyway? Because if he can do the interview here, he will not leave the country until he receives his greencard. My main doubt is if we need to apply for a I-601A even if we wait until I become citizen and apply for adjustment of status?
Thanks

Once you become a citizen he will be eligible to do Adjustment of Status. Adjustment of Status is the process of getting permanent residency in the US (the process of getting permanent residency outside the US is Consular Processing).

He would not need a waiver because he does not have a ban right now. However, if he leaves the US he would trigger a ban. That is why it is very important for him to NOT LEAVE the US until he has an Advance Parole or green card. He can disregard the I-601A provisional waiver process and just wait until you become a citizen and then file I-485 with proof of your citizenship.