I130 approved, I485 denied by USCIS now in removal proceedings, and then arrested

G

greenie145

New Member
My I130 was approved, but I485 (marriage based) denied due to petty drug offense almost 10 years ago. Case is now in court for removal. DHS attorney agrees that the drug offense is no longer cause for deportation -- but still says he overstayed.... We already had the master hearing and are waiting for the individual hearing...

I feel like this is a dumb question, but do we need to send in a new I485? Or can the judge rule on the I485 that we had sent into USCIS?

And to top it all off he was arrested recently - uggh now what?
 
You need an experienced immigration lawyer at this stage for sure.
From my understanding, you need judge's decision to file I 485 or he can adjudicate it. But right now you cannot file. Still consult with attorney.



What's the arrest about? If it's something serious, he's in in big trouble. He should have stayed away from any trouble.
 
You must log in or register to reply here.
Top