Immigration Issues/what is the next step?
My husband is from Mexico, I am an American citizen. We were married in 2000 and filed for his I130, to which the recept date from INS was August 8th 2001. I recieved a notice date finally August 14th 2003. It also said he was not eligible for adjustment of status and his petition was sent to the Visa office. Does this mean he cannot get a green card? If he applies for a Visa would he be able to get a green card later? How can he legally work and go back to Mexico to see his family?
Because you filed after 4/30/01, he is not eligible to get his green card here. He must process in his home country and must get a waiver of the 10 year bar for the fact he has been here illegally for more than a year. He will be in Mexico for about a year after he goes to apply for the visa and the waiver.