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Legal Guardianship for husband and I- 130 immediate relative petition

Salem, MA |

Hello Avvo attorneys.
I have an approve I-130 petition for my husband. All of us are U.S Citizen. We have 4 children together, including a child disabled who has autism. Is getting a Guardianship will jeopardize his I 130 petition in immigration proceedings? I highly suspect my husband suffers from Paranoid Schizophrenia. One more question does an 1-130 petition expires?

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Attorney answers 3


You need permission of bthe immigration judge to adjust his status and in my opinion will not look favorably upon this option.

This is not legal advice until I am retained and have reviewed all facts about your situation.


You should consult with an immigration attorney regarding your specific facts and circumstances and consider if any waivers are needed at the time of adjustment of status. I-130 petition has no expiration date.

Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012


An approved I-130 does not expire so long as the relationship continues to be valid and in existence.

Any time there are medical issues it raises the question of what will be required to satisfy the public charge requirements. You should consult with an experienced immigration attorney before taking any action.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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