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?

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.

Sacramento, CA -

Attorney Answers (5)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney - Los Angeles, CA
Answered

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.

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Carl Shusterman, Esq.
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
Tripti Sharad Sharma

Tripti Sharad Sharma

Immigration Attorney - Newark, CA
Answered

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.... more
Alexander Joseph Segal

Alexander Joseph Segal

Immigration Attorney - New York, NY
Answered

Just file the form. You are ok

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
J Charles Ferrari

J Charles Ferrari

Immigration Attorney - Los Angeles, CA
Answered

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... more
Ingrid Arnalda Morfa

Ingrid Arnalda Morfa

Immigration Attorney - Orlando, FL
Answered

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.

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