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.
3 Answers from Attorneys
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.
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
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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
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