Approved I-130 but already in the US

[Arroyo77 2]

My aunt petitioned her brother (my other uncle) in 2001. The dept of state has sent his approval to the National Visa Center to attend his meeting at the embassy but my uncle is and has been in the US since ‘98. If he leaves he will trigger a 10 year bar. What would be his options? His wife and his kids are not US citizens.

[Family 4,065]

11 minutes ago, Arroyo77 said:

My aunt petitioned her brother (my other uncle) in 2001. The dept of state has sent his approval to the National Visa Center to attend his meeting at the embassy but my uncle is and has been in the US since ‘98. If he leaves he will trigger a 10 year bar. What would be his options? His wife and his kids are not US citizens.

Look at the Priority Date of the approved I-130 . If it is 04/30/2001 or before, he ( and wife and minor kids) can adjust here.

 

https://www.uscis.gov/green-card/green-card-eligibility/green-card-through-ina-245i-adjustment

[Boiler 45,749]

2 hours ago, Arroyo77 said:

My aunt petitioned her brother (my other uncle) in 2001. The dept of state has sent his approval to the National Visa Center to attend his meeting at the embassy but my uncle is and has been in the US since ‘98. If he leaves he will trigger a 10 year bar. What would be his options? His wife and his kids are not US citizens.

 

245i?

 

Any other issues?

[SalishSea 17,974]

9 hours ago, Family said:

Look at the Priority Date of the approved I-130 . If it is 04/30/2001 or before, he ( and wife and minor kids) can adjust here.

 

https://www.uscis.gov/green-card/green-card-eligibility/green-card-through-ina-245i-adjustment

Wouldn’t they have to be in status to adjust?

[Family 4,065]

7 hours ago, SalishSea said:

Wouldn’t they have to be in status to adjust?

No . Sec 245(i) allows them to pay a $1000 penalty (I-485 A ) is used , along with the usual I-485 . The principal Benf had to have been in US on Dec 20th , 2000 and have petition dated 4/30/01 or before. …also EWI entry ok and no ULP counted..

If OP s uncle has the priority date , it’s like a Willy Wonka golden ticket😂