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Immigration Issues/family based green card

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HELLO

I have a question.
I arrived to US on H1B job visa  in March 2004. In april 2004 I got married to a  green card holder. I conceived immediately and had a daughter in may 2005. Due to pregnancy  and  baby sitting  till now  I did not work.I applied for family based green card in august 2004. My I- 130 was approved in May 2005. So what is my position now. I am illegal? My I-94 is going to expire in dec 2006.Can I apply for adjustment of status? I want to work now. What to do?

Answer
You are in one of those 'twilight' positions...you are not actually legal, but since you have an approved visa petition and are pursuing permanent resident status,  and do not get into any 'trouble', you will permitted to remain in the US.  However, you still have some work to do.  

If you have an approved I-130, you must now file for an adjustment of status with form I-485, in addition to:

G-325A, Biographic Information
Copy of your I-797, Notice of Action, showing that the I-130 petition was approved with a current priority date (when a Visa Number is immediately available to you)

I-864, Affidavit of Support

I-693, Medical Examination of Aliens Seeking Adjustment of Status

All required supporting documentation as listed on the forms


You may also submit the following forms:

G-28, Notice of Entry of Appearance as Attorney or Representative (if you have a lawyer)

I-765, Application for Employment Authorization, if you want to work while your application is processed

I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed  

Immigration Issues

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