this is a complicated issue
First of all, if your attorney does not know what is going on get another one. The rules on adjustment of status were changed in May 2006. You are in "removal" proceedings. If you were lawfully admitted to the U.S. but then overstayed your visa/authorized period of stay then the Immigration Judge now has SOLE jurisdiction over your adjustment of status application (I-485). However, you still have to file it to the service center to pay the fee, get a receipt and a biometrics notification (if necessary). Then you would file a copy of all this stuff along with a copy of your application and all supporting documentation to the Judge. Only after that can the Immigration Judge adjudicate your adjustment application. The other thing the Immigration Judge can do, as mentioned by another poster, is terminate your proceedings which would give the USCIS jurisdiction over your I-485. But, the Judge will not terminate proceedings until you file the adjustment application and pay the related fee. Seems crazy, but that's the way it works.
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