Question I am an American citizen. I have filed form I-130 with the NSCIS and the instructions tell me that when the I-130 is approved that I should file form I-601A. I am doing this because my wife enter the U.S. illegally. We also have a 4 year old daughter that was born here in the U.S. I am waiting to file the I-601A until I receive an approval on the I-130 in order to get the approval number witch is needed for the I-601A form. Is it absolutely imperative that my wife return to her home country to attend her visa interview. My daughter is very sick and has been seeing a doctor and she needs to continue getting medical care for life. Is there any way that my wife could do her visa interview here in the U.S.?
Answer Dear Corrado:
Unfortunately there is no provision under immigration law in your wife's situation to get her GC interview in the US; however, please note that it may take some time for teh I-130 Approval and then approval on I-601A (you may check the processing times online at www.uscis.gov).
My understanding is that she may leave only when it is convenient fro her to leave for the interview; if she gets a date and time for the interview she may get it extended with good cause shown. Also, check whether she would qualify for humanitarian parole - just in case required.
Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.
Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.
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