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This I-130 petition is the first step for our client spouse of a United States Citizen to obtain a green card. If a green card beneficiary is present in the United States, the beneficiary will seek to apply for the green card through the Adjustment of Status process with U.S. Citizenship and Immigration Services, "USCIS." Please note that not all beneficiaries will qualify for this process.
If the beneficiary is present outside the United States, the beneficiary will apply through the consulate from the beneficiary's home country. In this case, our client beneficiary had been present in the United States without status for more than one year which will require the filing of the form I-601A while the beneficiary is present in the United States to waive the 10-year bar caused by the beneficiary’s unlawful presence in the United States for a period of one year or more.
Contact us to learn more about the green card application process including potential disqualifying factors that can require the filing of a waiver.
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