I130 approved, what's next?

Hey guys,

My brother who is a citizen petitioned for my mom who entered without inspection. Today I received an email to check her case which was approved. Since we did not use a lawyer I'm not exactly sure what will happen next. I know they are going to send details by mail but I'm anxious to know what's next. She didn't get fingerprinted so will that happen at a later time or did they not do it because she is already in their system? Will she have to leave the country? If so I've heard of something where you can petition to adjust status within the US, will she be able to do this or is it too late to apply? I would appreciate feedback from anyone who knows of a similar case!

Since she entered without inspection then she would have to go back (the only way to adjust in the US would have to file another paper to demonstrate extreme hardship abroad/economic hardship/ hardship to the sponsor; all is hard to prove unless there really is a real hardship).

And after the I130 is approved they would send you mail as to what happens next. Here's a document explaining the process. www.visajourney.com/content/immigration-parents

Ok thanks, she doesn't really present any hardship besides leaving her family here, just hoping she won't have to leave for long.

also keep in mind that all these years in the US she has accrued unlawful presence that will bar her for 10 years from entering US or permanent bar if she decided to leave. it is best to seek professional at this point in my opinion.

I'd recommend going through the I-601A waiver and just forgetting about I-601's existence. Why? I-601A can be filed while the immigrant relative is still in US, I-601 cannot. If the I-601A is denied then your mother will just remain in US illegally, if I-601 is denied she's stuck outside for 10 years.

I-601A requires a ton of evidence that her absence from US would cause extreme hardship to you, which in arguably the most difficult to prove in cases Adult Child Sponsor - Immigrant Parent. Definitely get a lawyer who has dealt with hardship waivers before, preferably one that had a child-parent case before.

The hardship claimed has to be to you solely because she won't be in US, which is difficult to prove. USCIS doesn't care about hardship done to her or to anyone else besides the petitioner (you). If you want to use hardship done to someone else you have to do it in terms as how it will affect you (ex. you have a minor sibling that you'll have to raise if mother will be out of the country).

Anyways, is your mother married, is there a father or a step father, how's the story there? If there is one it might be easier to sponsor him, wait till he naturalizes and once so he'd try to get your mother the hardship waiver...

Adjusting children to parents can take a while, keep checking the Visa bulletin if your date is current then you can submit adjustment paper.

http://dreamact.info/forum/showthread.php?t=65968

Check this link

Parents are immediate relatives, you can check visa bulletin 20x a day if you want that still doesn't change the fact there is no numerical caps hence there is no backlog and the application only takes as long as processing times.

In my opinion (based on the experience i have working at an immigration firm) It is extremely hard to prove hardship on a child, when the child is over 21 and has nothing wrong with them. If your brother has ever thought of joining the military i would suggest that now its the time to do..even if its the national guard that would be the only way to keep your mother from having to prove extreme hardship.

Keep in my the hardship has to be proved on the person who filed the petition in this case your brother.