Legal Question in Immigration Law in Texas

Status Expired, I-130 Approved, Can I file I-485 in US?

My wife came to US in Jan. 2002 with Visitor Visa. We got married Feb. 26, 2002. I have filed I-130 on April 21, 2002. Her I-90 expired six month after she LEGALY entered the country. I-130 finally approved by USCIS on Oct. 31, 2002 after 3.5 years. My questions are:

1. Can I file I-485 for her now or should I wait for any notice from State Dept. or USCIS to do that?

2. Can she stay in the State when we waiting for approval of I-485?

Your prompt advices are greately appriciated.

Thank you very much in advance.


Asked on 11/14/05, 11:11 am

3 Answers from Attorneys
Neena Bohra Law Offices of Neena Bohra

Re: Status Expired, I-130 Approved, Can I file I-485 in US?

You should file the I-485; her entry was legal and her status as a spouse grants her certain privileges. She should not leave the country as bars could be an issue. She should stay in the U.S. while the application is pending.

Hope this helps! For more information, you can email me directly.

Read more
Answered on 11/14/05, 3:37 pm
Pallavi Ahluwalia Ahluwalia Law Offices, P.C.

Re: Status Expired, I-130 Approved, Can I file I-485 in US?

Hi there

you can still file I-485 even though she is currently out of status. We can either help you file or let you know how to file yourself.

Regards

Pallavi Ahluwalia

Attorney and Counselor at Law

Ahluwalia Law Offices

13601 Preston Road

Suite 920 East Tower

Dallas, Texas 75240

IMPORTANT: THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately, and return the original message to us at the above address.

Read more
Answered on 11/14/05, 1:05 pm
TC Langford Langford Law Office

Re: Status Expired, I-130 Approved, Can I file I-485 in US?

She absolutely should file the I485 in the US, since her entry was legal. In fact, if she leaves the US, she could be barred from re-entry. TCL

Read more
Answered on 11/14/05, 3:21 pm


Related Questions & Answers

More Immigration Law questions and answers in Texas