This petition is the first step for the spouse of a United States Citizen to obtain a green card. We always screen green card cases to determine if the green card beneficiary can qualify for a green card without leaving the United States through the Adjustment of Status process if the beneficiary is present in the United States. However, not all green card beneficiaries will qualify for the Adjustment of Status process.
In this case, our client would not qualify for the adjustment of status process which will require processing of an immigrant visa through the consulate. Furthermore, our client is likely exposed to a ten-year bar because he has been living in the United States without status for more than one year. However, since our client’s spouse will also qualify him for a waiver of the ten-year bar, we will be able to apply for the waiver of the ten-year bar while our client is still present in the United States. Once the waiver is approved, we can continue with the immigrant visa application which will allow him to travel to his country of birth to attend his visa interview with a consular officer. Since the ten-year bar will be forgiven because of the waiver, the client will have his immigrant visa approved where the visa will allow him to return to the United States as a legal permanent resident of the United States. In our case, our client is in the middle of a pending removal proceeding. The approval of the I-130 petition will now be used to attempt to have his removal proceeding terminated, so our client can proceed with the immigrant visa case.