Altamonte Springs, FL asked in Immigration Law for Florida

Q: If I have an approved I 130, can I apply for an I 485 if I’m in the US but my I 94 is expired?

My I 130 was approved and I have just received a notification from the NVC regarding my visa. I’m currently in the US but my I 94 expired and I would like to change my status to not have to go through the consular process and proceed with an adjusted status instead. Is that possible?

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3 Lawyer Answers

Linda Liang

  • Immigration Law Lawyer
  • Boca Raton, FL

A: It depends on whether your Visa is current. You can find out whether it is on monthly Visa Bulletin

Ms Grace I Gardiner agrees with this answer

Ms Grace I Gardiner

  • Immigration Law Lawyer
  • New York, NY

A: It also depends who is the petitioner on the I130 and in certain circumstances your age.

Stephen Arnold Black

  • Immigration Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: There’s not enough information in your question to form a sufficient opinion. Call counsel to discuss.

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