Form I-130
39
MENTIONS
10
EPISODES
7
PODCASTS
Search complete. 39 mentions across 10 episodes found for "Form I-130".
Oct 5, 2026
John KhosraviHOST
It's like, how many days was that? Did you get a new job or is it the same job? I gotta see exactly what myself to be able to give proper guidance.
John KhosraviHOST
Kar says, "Consular processing I-130 filed in June 2025 by US citizen.
John KhosraviHOST
Fourteen months still pending.
John KhosraviHOST
Should I wait 60 months mark for demand letter, uh, writ of mandamus?" You could do whatever you want to writ of mandamus.
John KhosraviHOST
You now you go 60 months, way longer.
John KhosraviHOST
The I-130s or spouse US citizens are taking, like, 15 to 24 months right now.
John KhosraviHOST
It's gotten crazy how much longer it's gotten.
John KhosraviHOST
It's very frustrating.
Kelvin SantosGUEST
But I'm actually married to a United States citizen and I'm eligible to adjust my status.
Kelvin SantosGUEST
And it's a matter of filing some A couple of applications, you know, I-130, I-45, et cetera.
Kelvin SantosGUEST
And maybe they'll terminate your proceedings and let you go about it that way.
Kelvin SantosGUEST
Or perhaps they'll continue them and try to find a way that you can go through that process because you can demonstrate a form of relief that's immediately available.
Jesse Evans SchroederHOST
Um, you know, a lot of that is tied to our removal practice and our affirmative practice, FOIA litigation, things like that.
Jesse Evans SchroederHOST
It has become sort of tied to our removal practice because in, um, our previous episode on applying for green cards, for instance, um, there's a lot of stuff that we can do in the district courts to facilitate the adjudication of, like, an I-130 petition through a mandamus, or to facilitate receiving complete records from USCIS through FOIA litigation.
Jesse Evans SchroederHOST
Um, we have that ongoing right now.
Jesse Evans SchroederHOST
So those are some of the main things that I think we're doing right now in district court, but yeah, I mean, the ma- vast majority of our district court caseload is currently habeas.
Matt GreenHOST
Right.
Matt GreenHOST
Although, there is something that just happened.
Matt GreenHOST
You're the one who told me this morning some news about, uh, the expected time or duration for an I-130 petition to be approved, and I think we agreed there might be a lot more need to do mandamus, right? You want to talk about that for a second?
Jesse Evans SchroederHOST
Yeah, and I'll give a little context because I think a lot of practitioners will be interested in this.
Mike ValverdeGUEST
The point I just made about the paper process, so many of the processes at USCIS that I knew up until my retirement, and I own all the things I'm talking about, was unable to completely modernize and make efficient and all that.
Mike ValverdeGUEST
Really, so many of the processes are based on the old paper process, right? And so in the old days, you would apply with a petition, an I-130, that shows, hey, this is the U.S.
Mike ValverdeGUEST
citizen relative I have.
Mike ValverdeGUEST
Here's the proof of our relationship.
Jesse Evans SchroederHOST
Um, I've seen it, I think, tied to maybe someone's criminal history, um, so they, they submit adjustment, um, they had a recent arrest, um, or tied to their country of nationality, or, um, because adjustment is pending and then they happen to have, like, streetside contact with ICE.
Jesse Evans SchroederHOST
Um, but the one that I get really concerned about, we talk a lot about one-step versus, I guess, two-step adjustment, right? Is you can, you can file- For immediate relative adjustment by submitting the I-130 petition and the I-485 together, and those seem less risky than individuals right now currently who, for whatever reason, file the I-130, the immediate relative petition, without the I-485.
Jesse Evans SchroederHOST
Um, we're just seeing, I think, more of those people being referred for removal proceedings.
Matthew GreenHOST
Which really has, like, no rhyme or reason to it at all.
Kevin A. GreggHOST
The Calderon settlement is providing a rare opportunity for class members to reopen and dismiss their removal orders.
Kevin A. GreggHOST
A non-citizen is a Calderon class member if they 1. have a final order of removal that they have not departed on, 2. are married to a U.S. citizen that has filed an I-130 for them that is either approved or still pending, 3. does not have an application for permanent resident status pending with USCIS, and 4. lives in New England.
Kevin A. GreggHOST
That's it, folks.
Kevin A. GreggHOST
People who become class members during the settlement period can seek relief under the settlement if they submit their Joint Motion to Reopen request to ICE by January 16, 2027.
14 MINS LATER
Kevin A. GreggHOST
DHS amended that charge to include an allegation that Ms. AVO had been convicted of aggravated felonies, so an INA Section 237A2A Triple I charge.
Kevin A. GreggHOST
An immigration judge sustained that charge.
Kevin A. GreggHOST
Ms. AVO, however, is married to a U.S. citizen, and an immediate relative Form I-130 petition apparently has already been approved for her.
Kevin A. GreggHOST
For 26 years now, and who knows, maybe longer, it looks like longer actually looking at this decision, that meant that the analysis was relatively straightforward on release.
Sergio A. PerezGUEST
And unfortunately, I've heard reports from colleagues that even rejections of of an application because of some technical reasons can result in the issuance of a notice to appear in NTA.
Sergio A. PerezGUEST
And sometimes just the filing itself, like for a time I heard reports of I-130 filings with USCIS resulting in NTAs even though there was no decision on the I-130.
Sergio A. PerezGUEST
So risk assessment is even more vital now.
Sergio A. PerezGUEST
For example, if a client has any criminal history, they're gonna be most at risk, but any denial under this 125 policy will now unfortunately result in an NTA and removal proceedings being initiated.
Jesse Evan SchroederHOST
Absolutely.
Jesse Evan SchroederHOST
But knowing the law, you know, I had the opportunity to argue at the Ninth Circuit over the denial of a continuance for a pending I-130.
Jesse Evan SchroederHOST
And so, of course, when you prepare for the circuit court argument, you take a deep dive into every case that has ever existed about continuances and what's reasonable in court.
Jesse Evan SchroederHOST
And, I mean, I was able to use that to do what I think is a killer motion to continue.
Zak PaineHOST
USCIS moves around 400,000 IRI-130 family petitions from SCOPS to field offices nationwide so that they can be addressed individually.
Zak PaineHOST
Newly released data from USCIS's Q3 report confirms a long rumor change in USCIS processing of the IR I-130 family petitions.
Zak PaineHOST
Earlier in 2026, a handful of posts popped up in Fed News stating that Consular I-130s and others processed by SCOPS would be moved to field offices.
Zak PaineHOST
This also aligned with a near total pause in Consular I-130s with priority dates around or after February 2025, which mostly continues today per TrackMyVisa number.
Zak PaineHOST
Not perfect, but an interesting data point for sure.
Zak PaineHOST
SCOP's IR I-130 processing times per USCIS have also skyrocketed now to two years, 24 months.
Zak PaineHOST
However, with the new data, we can now see this change in action.
Zak PaineHOST
Q3 covers April, May, and June 26 and shows I-130s that were received, approved, denied, pending in all field offices and service centers.
JRHOST
I'll rubber stamp you right on through.
JRHOST
Including forms I-130, petition for alien relative, I-485, application... to register permanent residence or adjust status I-751 petition to remove conditions on residence and N-400 application for naturalization in exchange for, of course, money to the tune of almost a million dollars.
JRHOST
Let's see, C3 on X says, once USAID was cut, seven of seven elections in Latin America were won by right-wing candidates.
JRHOST
and then he names off the players.