Green card holder petition for husband while, he is in the Usa ( Urgent)

[Jnin 1]

Hello everyone,

This question is regarding my sister who us currently in the USA. She is a green card holder (for 13 years), and did live in the Dominican Republic for like the past 5 years going to medical school. Recently she move back to the unite states, with her boyfriend , now husband ( who is in a B2 Visa, that will expire in July) The reason they decide to stay was because thy discovered she was pregnant, and in the Dominican Republic they don't have the best options.

My question regarding this, can she fill out and I-130 for her husband? is that possible? and if approve adjust his status?

We been investigating, and in the USCIS page there are two documents that contradict one each other.

1.

http://www.uscis.gov/sites/default/files/USCIS/Resources/B1en.pdf

This link says there is no way he can't stay n the USA, while the petition is pending

2.

http://www.uscis.gov/node/41351

while is this link it says about petition a family member while in the USA.

This make us very confuse. We don't want to do something wrong that will cost them.

I will really appreciate all your help.

[aleful 1,905]

hi

she can fill it out and send it, but he cannot stay and adjust status in the US, he will go through consular processing

he can only stay the amount of time that immigration gave him

[NigeriaorBust 4,087]

IF his B2 is multu entry then he can come visit per the limits of the visa while he waits but he can NOT stay. She could file for USC but if she has been out of country for 4 years her clock is back to 0 and she would have to wait 5 years.

[Hypnos 6,578]

How was she able to maintain her green card after living outside the US for five years?

Regardless, the short answer is yes and no. Yes - if she's still an LPR she can file an I-130 for him under the F2A category. No - he cannot remain in the US indefinitely during the ~1-2 years it will likely take for his priority date to become current. He will need to depart at the end of his period(s) of authorised stay.

[Carla V 43]

An overstay is not forgiven for LPR bringing their family members, they can file now but he have to return to his country. Start asap with the filling and good luck!!!

[Jnin 1]

she used to go in the USA every six months and at some point got a two year permit.

She went a visit a lawyer in the usa and he told them, that once she filled for the I-130 he didn't advice him to leave the country.

Also in the second link it says that once the I-130 is approve, he can fill for the change of status. Right now the time is pretty fast as i seen in this blog for other people that have fill out for the i-130 seems to get an answer in les than two months.

Her being pregnant is difficult for them to be apart.

[Carla V 43]

In visa jpurney there are thousands of people who is or was in the process for this kind of visa, if your sister decide her best path is to hire that lawyer or any other and let her husband to overstay for their advise, is her decision. People here is advising you from their own processes and just to help, you were advice for the legal and correct path to follow. A lot of couples had go throught the visa process unable to be together during pregnancy or sickness but is still the law... not against your sister or her situation, but is the way things are. Hope you the best and good luck !!!

[Jnin 1]

Thank you Carla, that is what I think too, because I was reading about that situation in particular, and it does says everywhere that he can't overstay!

I don't know why that lawyer advice her that.

I will notify her all of your advices, thanks a lot! let hope everything work out good for them!

[Hypnos 6,578]

Even after the I-130 is approved, he won't be able to file for adjustment of status because your sister is only an LPR, not a US citizen. As the spouse of an LPR, he must wait for his priority date to become current before he can file for AoS, and even one single day of overstay will render him ineligible to adjust until his wife becomes a US citizen.

[milimelo 4,568]

I don't know why that lawyer advice her that.

Because lawyer will get extra money when the person is banned and waivers need to be filed.