Family based immigration: derivative entered US before sponsor

[ElsyBee]

Hello, my husband entered US 5 yrs ago and obtained his green card immediately in F43 category. We got married last year and he applied i130 for me so I can join him in US. When he completed his 5 years of residence he applied N400 and planned to upgrade my application as soon as he gets his citizenship. Yesterday in his naturalization interview he was told that he cannot be approved because he is a derivative to his mother (sponsor F41) and he entered US one month before her, and by that he violated the accompanying or following to join condition. He had activated his green card immediately when he arrived and no one pointed this issue for him before, until now when he applied for citizenship. So what happens now? Is his green card in risk of deactivation? What happens to my i130 application? How should we proceed? Please advise!

 

[LdiJ]

Hello, my husband entered US 5 yrs ago and obtained his green card immediately in F43 category. We got married last year and he applied i130 for me so I can join him in US. When he completed his 5 years of residence he applied N400 and planned to upgrade my application as soon as he gets his citizenship. Yesterday in his naturalization interview he was told that he cannot be approved because he is a derivative to his mother (sponsor F41) and he entered US one month before her, and by that he violated the accompanying or following to join condition. He had activated his green card immediately when he arrived and no one pointed this issue for him before, until now when he applied for citizenship. So what happens now? Is his green card in risk of deactivation? What happens to my i130 application? How should we proceed? Please advise!

Your husband needs the assistance of an immigration attorney.