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?

Asked 6 months ago - 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.

Additional information

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. Aneliya M. Angelova

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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.
  2. Brian Lee Plotts

    Pro

    Contributor Level 8

    1

    Lawyer agrees

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

  3. Stephen D. Berman

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  4. Jennifer Heewon Ahn

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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... more
  5. Gabriel Jimenez

    Pro

    Contributor Level 5

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,428 answers this week

3,069 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,428 answers this week

3,069 attorneys answering