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Green Card Interview, But I-130 Still Pending

Let’ talk about the I-485 Interview Notice. Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States at our offices in St. Louis, San Diego and Washington, DC. Today’s video comes from a question that we received in our Immigrant Home Facebook group. The person asking the question was wondering, “Jim, I received my green card interview notice, my I-485 Interview Notice, but it doesn’t say anything about the I-130. My I-130 has not yet been approved. Am I in trouble?” The answer to this question is no, you are not in trouble. The USCIS does not send an interview notice for the I-130 in most cases, so usually if you file your I-130 and your I-485 together that is your marriage-based petition for an alien relative and your application for adjustment of the status.

If you filed those two applications together, the interview notice will come on the I-485 case and on the I-485 case number. There won’t be a reference to the I-130 and you might be wondering, as this person did, “Does this mean that my I-130 has been approved? Does this mean that something’s wrong?” No, the thing is that your I-130 and your I-485 will be adjudicated together. They will both be covered at your green card interview. So of course, as you know if you watch our videos, at every green card interview you’re going to have two main lines of inquiry.

One, is this a valid marriage? And two, is this a person that we want to let stay in the United States? Those are the questions covered by the I-130, the I-130A and the I-485. So, if you only receive your I-485 interview notice, do not be alarmed. Do not be worried. Nothing is wrong. Now, there are certain cases where the I-130 is filed separately, and on those instances you will receive an interview on the I-130 when it’s a standalone I-130. That could be if the person is overseas, which is pretty rare. Or more likely, if the person is in the United States but perhaps is not eligible to apply for a green card at this time.

You might have an interview on the I-130 by itself and of course in that situation, you would receive an I-130 notice for an interview by itself. But that’s pretty rate. Typically, most people, if they’re smart and they’re eligible, they file the I-130 and the I-485 together, and when you receive that actual notice that’s only for the I-485. It doesn’t mean that your I-130 was denied nor does it mean that it was approved. It just means that they’re going to talk about that with you and your spouse or your sponsoring petitioner at the interview.

Hopefully, that makes sense. Nothing to worry about here. If you have questions about it, give me a call, (314) 961-8200. You can email us at info@hackinglawpractice.com. Be sure to join us in our Facebook group, which is called Immigrant Home. If you liked this video, we ask that you please share that on social, that you subscribe to our YouTube channel and that you join us usually on Tuesdays and Thursdays at noon central live in the Facebook group and on the YouTube channel answering as many of your immigration law-related questions as possible in just under 60 minutes. Thanks a lot and have a great day.

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