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Urgent, I-130 photo requirements for petitioner?

Houston, TX |

Hi, I know a US citizen who is filing I-130 for his spouse. I know that the photos submitted (for him the petitioner, and for her the beneficiary) must be passport style. The spouse's photo meets all requirements but in his photo, he is smiling (not full smile, half smile). When I told him he shouldn't be smiling and he has to take another photo, he said it's OK it's not like they're going to use it on a passport or something!
Can you please tell me if it's ok or are they going to send him back the papers or request another photo? Did you hear of anyone who send a photo of him smiling and they rejected it? Plz this is urgent, he is sending them TOMORROW or the day after it!

Attorney Answers 3


  1. Best answer

    If he has time to retake the photos, I think that would be best. The Department of State website says "neutral facial expression with both eyes open." My thinking is why take the chance, spend the $6 and 10 minutes to get photos that fulfill the requirement. If anything it will be one less thing to worry about on the application.

    The Law Office of Andrew Chung, PLLC. (832) 409 0117. Andrew@Chung-Law.com . The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. I think it should be fine.

    Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact immigration attorney Gintare Grigaite, Esq. for a free consultation about new Immigration Reform policies. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


  3. If you have not mailed it to USCIS, he should just retake the pictures.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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