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Do I need Immigration attorney? My mother visa expired but I filed I-130 petition 1 month prior which is approved as of Mar 28?

Sacramento, CA |

My mother visa expired on March 17 but I filed I-130 on February 11. My petition for I-130 is approved as I received I-797 which is dated March 28, 2013. Per the letter, I need to file I-485. However, when I read instruction on I-485, it says visa status has to be valid before I file I-485. Is she in trouble or Is it okay since I-130 petition was filed before her visa expired and her petition is also approved. Thanks in advance.

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Attorney answers 5


If you are a US citizen, file the I-485 immediately. She does not need to be in lawful status in order to adjust her status in the US.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Ashkan Emami

Ashkan Emami


Good answer


From your statement I assume that you are a US citizen. The fact that her visa expired will not be an issue. She will be able to adjust status. You should have filed the I-130 with the I-485, though. This would have made it a smoother and quicker process for you and your your mother.


That depends on how well you understand what is required. You have already made a critical mistake, as the I-485 could have been filed with the I-130.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Just file the form. You are ok

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


File the I-485 along with the approved I-130 notice and send all supporting documents - birth certificate, medical, affidavit of support, etc. If you wish to do this yourself, read the instructions on the form carefully before you file.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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