This was a heartwarming case of an approved I-130 Expedite to help a father from Pakistan who was trying to bring his wife and child to live with him in the U.S.
He started the process when he had a Green Card (lawful permanent resident in the U.S.) and petitioner (I-130) for his wife and child’s green card. But things got a little complicated when, while the I-130 case was pending, he became a U.S. citizen.
The Problem: The Petition Was Stuck
At first, the man (we’ll call him Mr. Ahmed) had filed a petition to bring his wife and child to the U.S. While the petition was in progress, Mr. Ahmed became a U.S. citizen.
By becoming a U.S. Citizen, the Form I-130 “F2A” preference category petition case became an IR-1 Spouse of a U.S. Citizen. This automatically dropped out the minor child from the original case leaving them stranded, as the mother got an interview for her immigrant visa and future Green Card! We had to act fast, but with the right steps, we helped connect the cases.
The Plan: Fixing the Petition for the Child
We knew we had to act fast. One option was to have the child’s case handled at the embassy through “Direct Filing”, but that would only work if Mr. Ahmed was living outside the U.S., which he wasn’t. So, we decided to file a new I-130 petition for the child with USCIS (U.S. Citizenship and Immigration Services) to get things moving.
But when we filed, we immediately filed an expedite request to speed up the process, which was denied after just 1 week! This was frustrating because we have had success doing cases like this regularly, but we didn’t give up. Instead of waiting, we decided to contact Mr. Ahmed’s local senator to ask for help.
The Solution: Getting Help from a Senator
Senators can sometimes help when immigration cases are stuck. To get the senator’s office involved, we needed to fill out some forms that allowed the senator to ask USCIS about the case. We quickly sent these forms to the senator’s office, and after that, we kept calling, emailing, and checking in regularly.
It took a few weeks of repeatedly pursuing this goal, but the senator’s office finally answered our pleas and said they would reach out to USCIS. This was a huge step forward.
The Outcome: The Case Moved Forward
After two months, the child’s petition was approved and sent to the embassy. The wife was already scheduled for her interview, so we had to make sure the child’s case moved along with hers. To make this happen, another similar request was made to the National Visa Center (NVC) to speed up the process for interview scheduling (essentially bypassing the Documentarily Qualified or “DQ” stage. A few days later, the NVC agreed to speed up the case, and the embassy was able to schedule the interview for both the family.
The Final Steps: Preparing for the Interview
All the necessary paperwork was still required to be prepared, uploaded, and presented at the interview. This included forms like the DS-260 (an immigrant visa form) and other documents showing Mr. Ahmed could support his family financially. After getting everything in order, the family was ready for their embassy interview.
The End Result: A Happy Family Reunited
Even though this case took longer than expected, in the end, everything worked out. The wife and child both got their visas, and they joined Mr. Ahmed in the U.S. The family was finally reunited, just like they had hoped.
Why This Case Matters
This case shows how important it is to be patient and persistent during the immigration process. Sometimes things don’t go as planned, but with the right help and determination, families can still be reunited.
At JQK Law, we know how tricky the immigration process can be, especially when there are unexpected changes like having a child dropped from a case after getting U.S. citizenship. We help families navigate these challenges every day, and we’re here to help you too.
Sometimes, if a child has gotten too old (“Aged Out”), they can drop out of the case and be forced to wait 5-10 years to get a Green Card. So it is best to consult with us before applying for citizenship to decide the right strategy.
If you’re trying to bring your loved ones to the U.S., contact JQK Law today. We can help you understand the process and make sure everything goes smoothly.
