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I-130 Not sure what to do here...

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  • I-130 Not sure what to do here...

    I'm a Legal Permanent Resident since a while ago. My wife and kids were living outside of the US when we got married.

    I applied for a Visa to come to the US for all three (I-130) around 5 months ago and is currently "Under Review" with USCIS.

    Then in November 2022, the US Gov opened a new program for Venezuelans to come to the US with a "Parole". I applied for them and they got approved right away.

    Long story short: They are currently here with me in the US, they all have "Parole" and "I-94s" and we are wondering what to do next:

    Withdraw the I-130s and apply for Asylum.
    Withdraw the I-130s and apply for Adjustment of Status (Green Card).
    Withdraw the I-130s and apply for Asylum and Adjustment of Status (Green Card).
    Any other options?

    I really hope anyone can guide me on what to do next.​
    Last edited by HP07; 02-08-2023, 11:43 AM.

  • #2
    The easiest thing would be for them to apply for Adjustment of Status (I-485) immediately, on the basis of the I-130. They would not "withdraw" the I-130 -- their I-485 relies on their I-130, and they would attach a copy of their I-130 receipt to their I-485.

    I am not sure if they would even qualify for asylum, and even if they do, it would require lots of proof and years of process. I don't see much point to doing that when they can already stay and get a green card.

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

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