USCIS approval of the I-130 Petition for Alien Relative marks a significant step in family-based immigration, but it is not the final stage. Following approval, the case diverges into two distinct pathways based on the beneficiary’s location: Adjustment of Status (AOS) for those in the U.S. and Consular Processing for those abroad.
Key Details:
- Pathway 1: Adjustment of Status (AOS) - Beneficiaries in the U.S. can file Form I-485 to adjust their status and may apply for Employment Authorization (EAD) and Advance Parole.
- Pathway 2: Consular Processing - Beneficiaries outside the U.S. must transfer their case to the National Visa Center (NVC) and prepare for a visa interview at a U.S. Embassy or Consulate.
- Important: Incorrect form submissions can lead to significant delays in processing.
- Legal Assistance: Professional representation can help navigate the complexities of these processes.
Understanding these pathways is crucial for a smooth transition in the immigration process, impacting the timely acquisition of green cards for families seeking reunification.
Source: Heitz Immigration Law