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  1. #1
    Join Date
    Jun 2010
    Posts
    1

    Default I-130 Approved, Now What

    My grandmother filed an I-130 for my dad in July of 2004. It was recently approved in May of 2010. However, the problem is that my dad fell out of status when his student visa expired due to financial reasons sometime before July of 2004. Can he still get his permanent residency? Are there any actions we should take or should we just wait till visa is available?

    Thank you in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I-130 Approved, Now What

    Your dad overstayed his student visa for how long, and where is he now?

    If he left the U.S., his overstay will have triggered a period of ineligibility to return that, if not yet expired, will have to be waived before he can return.

    If he's in the U.S. he can file an I-485 and try to adjust his status. There are likely other issues at play here, such as whether he's been working illegally for the past six years, so I suggest that he consult an immigration lawyer.

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