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If you file a i-130 does the person still need to file i-485

Richmond, VA |

a friend of mine has filed a i-130 for her husband to come to the states she says he will get his green card within 30 days of arriving in the us does he not have to file i-485 change of living status

Attorney Answers 4


  1. It sounds as though the friend's husband is doing consular processing for his immigrant visa. If this is correct, then once he enters the United States, his green card will be produced and mailed to him - hopefully within about a month. If he doesn't receive his green card within 90 days, he should speak with USCIS and ask for an update. An I-485 will not be necessary because he's entering the United States as a permanent resident.

    This general advice does not create an attorney-client relationship.


  2. Hi hope that you are well. From the information given it sounds like your friend petitioned for her husband while he was abroad. In order for him to be approved he will have to do so through consulate processing. What that means is that, when he enters the US he will already enter as a resident and therefore will NOT have to file an I485. That stated, this is based on the fact that my assumptions are correct. She might want to call an attorney and get a more concrete answer. Thank you and I wish you all luck. Regards!


  3. If he is abroad, he will not need to file an I-485. He will apply for his green card at the U.S. Embassy instead.

    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: www.shusterman.com (English)
    www.inmigracion-abogado.com (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.


  4. Normally a person is issued an immigrant visa in their country. If the applicant is in the U.S. in lawful status, he or she can file for the visa without leaving the country, by requesting "adjustment of status." If the person is overseas, and the U.S. consulate or embassies issues a visa, and if the person enters the U.S., USCIS will mail the green card to them, he or she will not file for adjustment of status.

    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.

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