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Form 1-130 approved but the beneficiary has been out of status

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  • Form 1-130 approved but the beneficiary has been out of status

    Hi, my aunt was out of status since 2013 but her US citizen child petitioned her for greencard. The I-130 was approved 2 years ago but until now she does not know what to do next because she is afraid that she will be denied or deported because of her unlawful stay for few years. What to do now? Thanks.

  • #2
    Did she enter the US legally? If so, she is eligible for Adjustment of Status. Her being out of status is irrelevant for AOS in her category. She can file I-485 at any time (and in fact she could have filed I-485 together with the I-130; she didn't need to wait for the I-130 to be approved).

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      hi newacct, yes she did. Anyway, she got her greencard last year. Thanks.

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