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F2A Green Card spouse - Iranian citizen and average times post I-130

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  • F2A Green Card spouse - Iranian citizen and average times post I-130

    Hello,

    I'm a US permanent resident since 2015. I have Italian citizenship while my wife is Iranian, currently residing in Canada.
    We applied for the I-130 petition for my wife last year, and we have a priority date of August 2018 at California Service Center.
    Since my wife is an Iranian citizen I'm unclear whether she would be issued a visa post approval of I-130 or not due to the current Travel Ban in place? Does anyone have direct experience?
    Also what is the average time post I-130 approval before Green Card granted?

    Thanks,
    A*

  • #2
    Does she have a second nationality? Does she have Canadian permanent residency?

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      She does not yet have a second nationality but she does have a Canadian permanent residency (just got approved last week). I thought that only having a second citizenship would help, not sure about the Canadian PR.

      However we heard of other Iranians (from Iran) who were in other categories that got invited recently for interview, even with the travel ban. So it's quite unclear to me if it's in effect or not for green cards.

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      • #4
        She will be subject to the ban, but as a landed immigrant of Canada applying for a visa from within Canada, she is eligible to apply for a waiver to be decided on a case-to-case basis according to section 3(c)(viii) of Executive Order 13780.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Thank you for pointing to that, I was not aware there was something specific for Canadian immigrants. Is the waiver something we'd have to request formally, or is it something the officers would grant themselves if they decided to do so (without request)? Also when would it be a good time to request if we had to?
          Last edited by nazgul86; 10-14-2019, 12:50 PM.

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