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I am marry to a us citizen and want to get approve for a green card. Do I need to file for the i-130, i-485 and i-601?

Kenner, LA |

I entered illegal to the united states in 2001. I have no criminal history. We have been marry since 2008 and have two children. I want to know if I should file for all three forms at the same time or if you I just have to file for 2 of the forms.

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Attorney answers 4


You seem to be ineligible for adjustment of status under the facts you provided. You will need consular processing.

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.


Because you entered the United States without inspection, even if you get married to a US citizen you cannot adjust your status to a lawful permanent resident in the United States [unless you are eligible under section 245(i)]. After the I-130 is approved, you will need a waiver of unlawful presence before you could be given an immigrant visa at the US Consulate or US Embassy. Waiver applications are highly complex. Don't file Form I-601 on your own. I highly recommend hiring an immigration lawyer to assist you with this process.

Rajesh Prasad
Attorney at Law
Parikh & Prasad Law Group
5861 Pine Avenue, Suite B
Chino Hills, CA 91709
Office: (909) 248-3212


I agree with attorney Berman; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.


I agree with my colleagues.