Transfered to National Benefit Center

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Hi friends. I just got an email that said my case was transfered on January 20, 2012 to National Benfefit Center. I filed for an I130 back in Dec 2011. My husband was here unlawfully and was deported in May of 2012. I had my interview here at the immigration center in detroit on October 2 2012. The officer said he approved it but now it has to go some where else to get approved. What does this mean when they send you to the National Benefit Center? I am really scared that he is being denied. What should I do now? Every time I called for a status they would say call the National Visa Center in California and then they said email them and now I was sent an email stating that it was sent to NBC. HELP!!! How do I find the status on this case? Whom should I call? Thanks for your time.

[Sarah Elle-Même 660]

A case being transferred in and of itself isn't a bad thing. Lots of I-130 petitions are being sent to NBC for adjudication to clear the backlog. I don't know why you would have had an interview for this petition though. That doesn't seem normal at all. Do you mind sharing what went on at that interview?

His illegal presence probably won't cause the petition itself to be denied but depending on the circumstances of his case they will probably deny at embassy interview. When he was deported, did they tell him if he had incurred a ban and if so how long? When he's denied the spouse visa application your only option at that point would be to apply for a waiver. You definitely need to consult an attorney for your options when that happens.

Edited February 22, 2013 by Sarah and Adnan

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How do I find out what was his ban time? I had a lawyer back then but didn't do much for me just collected money. My interview was to prove he was my husband for the I 130. The officer said I approve you but it has to go to someone else to give finally approval. Then I waited for the 120 days that they said to wait and then I get an email that it is still here in detroit. My heart says he has the upto 10yr ban but not sure. He over stayed over 19yrs and he entered legally into the U.S. I am trying to do everything by myself because I can't afford a lawyer. What do you think of my chances are doing it by myself. I already have the waiver stuff ready. By the way thank you for responding.

[Sarah Elle-Même 660]

How do I find out what was his ban time? I had a lawyer back then but didn't do much for me just collected money. My interview was to prove he was my husband for the I 130. The officer said I approve you but it has to go to someone else to give finally approval. Then I waited for the 120 days that they said to wait and then I get an email that it is still here in detroit. My heart says he has the upto 10yr ban but not sure. He over stayed over 19yrs and he entered legally into the U.S. I am trying to do everything by myself because I can't afford a lawyer. What do you think of my chances are doing it by myself. I already have the waiver stuff ready. By the way thank you for responding.

You should ask the lawyer for your husband's deportation case as he ought to know. But if the ban is still in place he will be denied at interview and you will need to apply for a waiver after that point. That you DO need a lawyer for, and a good one. You should not attempt to make your waiver case alone unless you want to start thinking about moving to Yemen to be with your husband.