QUESTION
What is the process for applying green card for an immediate relative?
Asked on Aug 06th, 2014 on Immigration - Texas
More details to this question:
My husband applied for my green card and my I-130 got approved when he was a green card holder. My husband recently got his US citizenship. He is about to file my I-485 as immediate relative. My H1B visa is expiring by October 2014. Do I still have to file my H1B extension? What if I go out of status for a couple of months? Thanks!
3 ANSWERS
Immigration Law Attorney serving Glendale, CA
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Law Office of Josue S. Villanueva
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Not necessary. Just get that I-485 files ASAP. Even if you go out of status, you are an immediate relative of a USC.
Answered on Aug 07th, 2014 at 5:05 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Falling out of status is never advisable, because approval of your application for adjustment of status cannot be guaranteed. The process is similar to the filing of your i-130 petition except that you will instead be filing form i-485 along with the required affidavit of support and other supporting documents to establish your identity and legal entry into the US. If you need to work and travel while your application is being processed, you will also need to submit forms i-765 and i-131. All the forms can be submitted in one packet to USCIS's i-485 lockbox in Chicago, Illinois.
Answered on Aug 07th, 2014 at 4:59 PM
Bruce A. Coane
Some people file for the extension as "insurance" and/or to maintain a full legal status while waiting for the 485 adjudication.
Answered on Aug 07th, 2014 at 10:34 AM