Do I have to resubmit the i130 immigration petition? 1 Answers as of April 25, 2011

My husband has applied for a green card and was accepted but that was back in 1997 or so. Does he need to resubmit the applications (i130) or can he go from there? We never had the money to follow through with him getting legal. We have been married 18 years. I dont want him deported because we are poor folks.

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World Esquire Law Firm | Aime Katambwe
You do not have to refile it. Your approved immediate relative petition will stay valid for as long as you are married to your husband unless it is revoked or is subject to automatic revocation under INA 203(g), but that is applicable only if he is outside the US waiting for his visa to become available. Because the application was approved for him in 1997, he certainly can process his green card right here in the US assuming that he was not previously removed or does not have felony convictions. Consult with an attorney to strategize about his green card. Good luck!
Answer Applies to: California
Replied: 4/25/2011
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