A misunderstanding about US immigration law for many is the notion that filing form I-130, Petition for Alien Relative, for your spouse, child, parent or sibling is all you need if your family member is here in the US.
The I-130 is an underlying petition upon which most people then either file form I-485, Adjustment of Status to Permanent Residence (green card application), or consular process. The petition, on its own, gives no lawful immigration status to anyone.
For some it is the beginning of a long process towards consular processing outside the US. Unfortunately, recent policy changes make filing an I-130 stand alone petition a potentially risky move if your loved one is here in the US without status.
Recently, the US Citizenship and Immigration Services (USCIS) issued policy guidance updates concerning the family immigration process. In particular, the guidance updates the USCIS Policy Manual to state the following:
“[i]f USCIS determines the alien beneficiary is removeable and amenable to removal from the United States USCIS may issue a Notice to Appear (NTA) placing the beneficiary in removal proceedings. Petitioners and alien beneficiaries should be aware that a family-based petition accords no immigration status nor does it bar removal”
If you are trying to navigate this process without an experienced attorney, and especially if your loved one is here in the US without status, please consider getting immediate legal advice and counsel. Our office is here to help 727-471-0677.