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Question regarding status on I 130 and I 485 forms.

Flushing, NY |

Hi, I'm adjusting my status through marriage. I'm now out of status on my E3 due to losing my job but I have a valid E3/I-94 to May 2014.
Should I put E3 or E3 (out of status) under the current status question?

Attorney Answers 5


  1. Yes, E3 (out of status) appears to be an honest response.

    Have you considered having an attorney help with the papers and interview?

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. Hi hope that you are well. E3 (out of status)/I-485 Pending, so be fine. Since your adjustment is through marriage petition your "out of status" is not as important as long as you have an I 94 which you clearly do. Best of luck!


  3. E3 (out of status)

    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. Just out of status is fine. You will need to attach copy of your I-94 back and front anyway, along with a copy of your visa.

    New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.


  5. Yes, indicate that you are out of status. However, you should strongly consider having an immigration attorney assist you with your application. If there is even a slight chance that you can end up with a denial, whether a justified denial or not, it would pay ten times over to have used an immigration lawyer. Good luck to you!

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    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

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