Legal Question in Immigration Law in New Jersey

I have a friend in NJ, who is concerned that US immigration may require him to leave the US, as his I-485/I-130 is being processed (just filed 1 week ago). His current legal visa is valid till May 2010 and his wife is a US citizen. I told him that his 6 months visa does NOT apply, when US immigration is processing I-485/I-130 and that the process itself makes it lawful for him to stay past May 2010, or as long as those forms are being processed.

Q 1) : Is that correct ?

Q 2) : should he upon the "receipt of notice" and acquiring an A# make an appointment at the local NJ immigration office and have his passport stamped for "processed for I-551" = green card, so he can show authorities (if needed) that he is legally in the US when the applications are being processed? He does NOT plan to exit the US, when the I-485/I130 are pending. Thanks for any help you can provide.


Asked on 3/08/10, 2:28 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

Are you a lawyer (that you are advising - and wrongly advising - your friend)? If he has any immigration-related questions, he should consult a qualified attorney.

No, he is not eligible for any stams in his passport upon filing the I-130/I-485. There is simply no stamp "processed for I-551". When he is APPROVED for permanent residency at his interview, then he might get a stamp as a temporary evidence of his ermanent resident status.

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 3/13/10, 4:14 pm


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