Legal Question in Immigration Law in New Jersey

Filed an I-130 petiition as an LPR for my spouse

Assume that a LPR files an I-130 petition for his ''B-2 overstay'' wife now, while she remains in the U.S. At the time of filing, her overstay is about 3 months.

The approx. wait time for visa availablity (LPR petition to spouse) is about 5 years. If the LPR becomes an USC in 4 years, what is the procedure to convert the already filed I-130 from LPR to USC? Is it just a phone call to USCIS and informing them of the change and associated case number?


Asked on 3/15/07, 3:23 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Filed an I-130 petiition as an LPR for my spouse

If you run into any problems, I suggest you consult with an attorney. Its not very expensive and I can refer you to a good one.

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Answered on 3/18/07, 4:03 pm
Ruchi Thaker Law Office of Ruchi Thaker

Re: Filed an I-130 petiition as an LPR for my spouse

Once you become a citizen, you should contact the CIS (in writing, preferably) to inform them of you new status so the pending I-130 petition can be "upgraded" to reflect that it is now a petition of a US citizen.

Good Luck!

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Answered on 3/16/07, 10:30 am


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