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Hello, My daughter is a minor,15 years old, we are adjusting her status through an I-485 form. Should we apply for 1-130?

Richardson, TX |

She was admitted lawfully in the USA but it is out of status currently.
My husband is a USA citizen. I am a legal resident.

I am very sorry ,this is not the form I meant. The correct question is : Should we apply for form I-131 (application for travel document)? Thank you for all your replies.

Attorney Answers 5


  1. An I-485 is an application to adjust status, generally based on an approved or pending immigrant visa petition. If that is the basis for the I-485, then there must be an approved or pending visa petition.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. Yes. A family based I-485 is based on filing a Petition for Alien Relative - I130.

    This answer is for informational purposes only and should not be construed as legal advice.


  3. Yes, but it would be best to consult and immigration attorney to help you in the case.


  4. If she needs to travel, you can apply for an I-131 but I would talk to an immigration attorney about this issue first before filing.

    Attorney Jennifer Ahn's answer is to provide general information only, and should not be construed as legal advice on any subject matter. The content of this answer is not intended to substitute accurate legal advice, which is relevant to all the facts and circumstances of your specific case. This answer does not create an Attorney-Client relationship. (847) 297-9200


  5. Your question is unclear. Is your question about the I-130 or the I-131 (travel document)? If the I-131, why do you want to apply for that? Those issues aside, assuming that your daughter does not have any ground of inadmissibility that apply to her, it sounds like a straightforward adjustment case. I still recommend that you consult an attorney, as people often think they can do these cases themselves and regretfully find out that they can't.

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