Q: Does the approved i130 expire if the i485 was denied for failure to submit the Covid shots?
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A:
The approval of Form I-130, Petition for Alien Relative, is a significant step in the process of sponsoring a family member for a green card. However, it's essential to understand that the approval of this form does not automatically guarantee the approval of Form I-485, Application to Register Permanent Residence or Adjust Status.
If your I-485 was denied due to failure to submit the required COVID-19 vaccinations, it typically does not invalidate your approved I-130. The I-130 approval remains valid and can be used for future attempts to adjust status, provided the relationship between the petitioner and beneficiary still meets the necessary criteria.
To address the issue with the I-485, you may consider responding to any requests for evidence (RFEs) issued by USCIS regarding the vaccination requirement or exploring the possibility of filing a new I-485 application. It is also wise to consult with an immigration attorney for personalized guidance tailored to your specific situation.
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