Question regarding status on I 130 and I 485 forms.

Asked 9 months ago - 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. Carl Michael Shusterman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . E3 (out of status)

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response... more
  2. Alena Shautsova

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  3. Dean P Murray

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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... more
  4. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . 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... more
  5. Norma Lorenzo

    Contributor Level 15

    2

    Lawyers agree

    1

    Answered . 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!

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