Legal Question in Immigration Law in Texas

This is a Green Card - Immigration question.

My current status is F1 and I'm currently on my OPT 1 year period. It expires in 30 days. My Husband was going to file an I-130 form for me to file it together with an I-485 for a change of status. Because of my pregnancy, my doctor advised not to take the vaccines required for the medical examination and wait three more months until my baby is born (due date is April 4th). We understand there are two ways for applying for a green card: one is filing all forms simultaneously and one filing only I-130, and then after getting an approval, filing the I-485 for an adjustment of status. I also know that if we don't file before my OPT period expires I will be out status. My question is: If we take the two step process and file now just the form I-130 (which requires no medical examination), will I still be out of status? or will it give some time to complete my application until it is safe for me to take the vaccines?


Asked on 1/11/10, 8:46 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Filing of a stand-alone I-130 doesn't provide you with any lawful status. I don't see any benefits in filing only the I-130 if your husband is a US citizen.

If a husband is a USA citizen, it's possible to apply for adjustment of status.

Regarding your vaccinations, talk to a certified civil surgeon and he/she will advise you what to do regarding vaccines. If pregnant, let the doctor know. This is not an unusual situation, and the doctors know how to handle it.

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

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 1/16/10, 10:36 am


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