Form I-130

Approval of the petition can be used by the beneficiary to obtain a United States visa in the Immediate Relative (IR) or Family-Based Preference (F) category at a US consulate or embassy abroad, and, once the relative has immigrated to the United States, to obtain a Green Card (i.e., become a Lawful Permanent Resident).

For relatives already present in the United States it can be used for Adjustment of Status to that of Lawful Permanent Resident.

For lawful permanent residents, an exception is made in the case for the beneficiary's unmarried children.

The Legal Immigration Family Equity Act has provisions targeting beneficiaries of pending or approved Form I-130 petitions.

One provision specifically addresses overlooking of unlawful entry or presence for people who otherwise qualify for Adjustment of Status based on a Form I-130 petition filed on or before April 30, 2001.

Also, they do not include the additional time spent processing the Form I-485 at the Field Office (in case the beneficiary is in the United States and applying for Adjustment of Status) or the additional time taken to obtain an immigrant visa after an immigrant visa number is obtained (in the case the beneficiary is not currently in the United States).

The beneficiary may still be able to obtain a B visa by convincing the consular officer that the current visit is temporary.

If the consular office finds such evidence, he or she returns the petition to USCIS along with the reasons the petition appears fraudulent, and issues a Section 221(g) quasi-refusal to the applicant (note that this is relevant to cases 2 and 3, and not to case 1 where the beneficiary is already in the United States).

A petitioner who believes that his or her petition was incorrectly denied or revoked can file Form EOIR-29 with the USCIS to have an appeal heard by the BIA.

Due to the doctrine of consular nonreviewability, visa denials and revocations can generally not be appealed in the United States judicial system, though there are some exceptions.