Can I petition I-130 for my husband before receiving green card?

[CitizenY 5]

Hi!

 

Posting regarding my cousin.

She came to the United States on the 16 December 2021 and still hasn't received her Green Card.

We found out that it is because the BCP didn't take her immigrant packet at the port of entry. We're working on fixing that.

 

Meanwhile, to save some time, can she petition I-130 for her husband who is still abroad before receiving her green card in the mail? 

[Mike E 11,723]

8 minutes ago, CitizenY said:

Meanwhile, to save some time, can she petition I-130 for her husband who is still abroad before receiving her green card in the mail? 

She isn’t a LPR until her immigration visa is stamped.  She needs to go to a CBP deferred inspection facility 

 

Until she is an LPR she can’t petition anyone. 

Edited June 19, 2022 by Mike E

[CitizenY 5]

8 minutes ago, Mike E said:

She isn’t a LPR until her immigration visa is stamped.  She needs to go to a CBP deferred inspection facility 

 

Until she is an LPR she can’t petition anyone. 

Crazy thing is her Visa was stamped in her passport! CBP just didnt take her immigrant packet for whatever reason smh 

 

[pushbrk 12,108]

22 minutes ago, CitizenY said:

Crazy thing is her Visa was stamped in her passport! CBP just didnt take her immigrant packet for whatever reason smh 

 

Her endorsed visa is a temporary green card.  Yes, she can file the petition with a copy of the visa with entry stamp as her evidence of LPR status.

[CitizenY 5]

3 minutes ago, pushbrk said:

Her endorsed visa is a temporary green card.  Yes, she can file the petition with a copy of the visa with entry stamp as her evidence of LPR status.

Thank you. That brings hope that she can jumpstart her husbands Visa process while waiting for this immigrant packet mess to be resolved.

 

We've contacted our local CBP deferred inspection facility (JFK Airport), and they allowed us to mail the immigrant packet to their office..

[Chancy 6,233]

*** Moved from IR1/CR1 Process & Procedures to Bringing Family of LPR forum -- petitioner is an LPR ***

 

[pushbrk 12,108]

17 minutes ago, CitizenY said:

Thank you. That brings hope that she can jumpstart her husbands Visa process while waiting for this immigrant packet mess to be resolved.

 

We've contacted our local CBP deferred inspection facility (JFK Airport), and they allowed us to mail the immigrant packet to their office..

Had a similar problem in 2006.  Local office was very accommodating.

 

[Mundo254 47]

6 hours ago, CitizenY said:

Hi!

 

Posting regarding my cousin.

She came to the United States on the 16 December 2021 and still hasn't received her Green Card.

We found out that it is because the BCP didn't take her immigrant packet at the port of entry. We're working on fixing that.

 

Meanwhile, to save some time, can she petition I-130 for her husband who is still abroad before receiving her green card in the mail? 

In which GC category did your cousin come with? When did they formalize their union with her spouse? Before arriving to the US or after?

[Mike E 11,723]

12 hours ago, CitizenY said:

Crazy thing is her Visa was stamped in her passport! CBP just didnt take her immigrant packet for whatever reason smh 

 

Then she can legally file I-130, but I would not be surprised by an RFE or erroneous denial or an I-130 interview (where her passport is examined).  

Edited June 20, 2022 by Mike E

[SusieQQQ 11,584]

5 hours ago, Mike E said:

Then she can legally file I-130, but I would not be surprised by an RFE or erroneous denial or an I-130 interview (where her passport is examined).  

Why ? Her passport is stamped as at the correct date, a CBP error to take the packet doesn’t change the date she became an LPR. You become an LPR the second your passport has stamped. She could have sat right down in the airport after arrival and filed if she’d wanted to.  Many people file i130s  before they get a plastic green card.

Edited June 20, 2022 by SusieQQQ

[Kai G. Llewellyn 821]

21 hours ago, CitizenY said:

Hi!

 

Posting regarding my cousin.

She came to the United States on the 16 December 2021 and still hasn't received her Green Card.

We found out that it is because the BCP didn't take her immigrant packet at the port of entry. We're working on fixing that.

 

Meanwhile, to save some time, can she petition I-130 for her husband who is still abroad before receiving her green card in the mail? 

Legally she should have been a LPR from the date of her original entry, however DHS's records might not be correct right now. You could try using the endorsed IV as proof, but this would probably cause USCIS enough confusion that they'll put the case in the big pile of 'nope, too complex for now, we'll get around to it later'. I'd suggest ensure DHS's records are correct first, but if she is itching to submit it, and given she's already mailed the packet to CBP deferred inspection, then she may be good to file I-130 anyways.

Edited June 20, 2022 by Kai G. Llewellyn

[Mike E 11,723]

2 hours ago, SusieQQQ said:

Why ? Her passport is stamped as at the correct date, a CBP error to take the packet doesn’t change the date she became an LPR. You become an LPR the second your passport has stamped. She could have sat right down in the airport after arrival and filed if she’d wanted to.  Many people file i130s  before they get a plastic green card.

DHS hasn’t recorded her as an LPR.  USCIS might not accept her endorsed visa as evidence of LPR status and so might want to see the original.  I don’t think USCIS would ask an LPR to send their sole I-551 document through the mail in violation of INA.  So until the deferred inspection is complete, I think it’s an interview or a denial.  

[SusieQQQ 11,584]

It’s just filing 🙄 they’re not going to check the dates yet. If it looks good prima facie, as it is for every other person who files immediately, it will be accepted by uscis. You guys love creating problems where they don’t exist. Or can you point to actual cases like this that have been denied? Would love to see them. 

[CitizenY 5]

Just to chime in, the Instructions for Form I-130 file at https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf says:

Quote

4. What documents do you need to show that you are a lawful permanent resident? If you are a lawful permanent resident, you must file your petition with a copy of the front and back of your Permanent Resident Card (Form I-551). If you have not yet received your card, submit copies of your passport biographic page and the page showing admission as a lawful permanent resident, or other evidence of permanent resident status issued by USCIS or the former INS.

 

[Mike E 11,723]

3 hours ago, CitizenY said:

Just to chime in, the Instructions for Form I-130 file at https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf says:

 

Yes.  And my concern is USCIS will look up your A number and not see you being recorded as an LPR.  In a ideal world, a USCIS would contact the CBP field office that admitted you to confirm you were admitted.  
 

In the real world of a modern inefficient bureaucracy I don’t see that happening.