What to do about a I-130?

A I-130 was filed for my entire family, including my mother, 14 years ago. My aunt (mom’s sister) who filed an I-130 didn’t follow up properly because of a lack of documentation, as a result our file was closed. We want to reopen that file now. I am married and on an H4 visa (I will be 26 years old next month), however I may be getting divorced. If I am still married when we open this file, can I get US Green Card? What if I am divorced?

Asked on April 5, 2014 under Immigration Law, Connecticut


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

An I-130 form helps a relative immigrate to the United States. Eligible family members wait until there is a visa number available before they can apply for the immigrant visa.

If you are still legally in this country you can re-open the application for the relatives to immigrate to this country and can get a green card here. If you nare divirced and are still legally in this country under an appropriate visa, you can do as you desire. I suggest that you consult with an immigration attorney in your locality. One can be found on attorneypages.com.

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