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Confused how to file I-485 while in removal proceedings

Discussion in 'Exclusion or Removal from USA' started by kaktus, Nov 19, 2008.

  1. kaktus

    kaktus Registered Users (C)

    My first marriage didn't work out and my I-130 and I-485 were denied. I was placed in deportation in June of 2007. I"m trying to adjust my status based on my second marriage to US citizen. We successfully passed our stokes and my I-130 was approved 3 months ago. We went back to the court yesterday (Nov 18th) and judge told us to file I-485 to Texas Service Center and come back in August of 2009. I don't understand how Texas Service Center can approve my I-485 if i'm in removal proceedings.
    After we filed I-485 package at Texas Service Center with fee should
    we file the original I-485 to the immigration court AFTER receiving a
    receipt notice from TSC? My lawyer didn't say anything about it. Only that "judge said" to file it in Texas and that's it????? i doubt it. I don't want it to be delayed like it happened with my I-130 because my lawyer sent it to Vermont Service Center and we had to file it at our local district office 6 months later anyway.
  2. dafortycal

    dafortycal Registered Users (C)

    CIS is part of the Department of Homeland Security, the Immigration Judge works for the Department of Justice. Once he has the proof he wants, he can terminate your case. If the IJ said Texas, you better send it there. Keep all your documents and receipts and see in the Judge in 2009, if the process isn't complete he can give you another courtdate.

  3. senowen

    senowen Registered Users (C)

    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.
  4. kaktus

    kaktus Registered Users (C)

    Thank you for all your replies.
    My lawyer said that USCIS will adjudicate my case (and that was wrong) because my deportation was active. Finally after many emails to my lawyer, she called counselor (prosecutor) who was at my hearing and counselor said that she is not going to close my removal proceedings because i already applied for AOS based on my first marriage and it was denied. SO basically she said that only a judge can adjudicate my case.

    Today i received NOA from Texas Service Center and now my lawyer (after clarification with prosecutor) is going to file everything with Court.
    My individual hearing is set for August, 2009. Is there a way to request it earlier after biometrics done and after we file everything with court?

    PS.Thanks to this forum. I looked into similar topics on this forum and was able to find similar answers about filing procedure.
    Lawyers are not always right (this is my third one -not competent, but expensive.) 2 others screwed up everything, otherwise i had my GC by now. :mad:
    Last edited by a moderator: Dec 12, 2008

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