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i485 Denied: How Can I be Put in Removal Proceeding Quick

Discussion in 'Exclusion or Removal from USA' started by oneluv, Apr 26, 2009.

  1. oneluv

    oneluv Registered Users (C)

    My i485 and i601 was just denied. i601 was for receiving stolen goods about 6 years ago. I have the option of appealing to the AAO within 30 days of the letter but I really don't want to do that. I would rather be put in removal proceedings and have the case decided by a judge at the immigration court.

    My problem is that my EAD expires in about 4 months and I want to make sure that I am able to renew/extend it before then. I have not been put in proceedings (not 30 days yet). I worry because I have had my i485 denied before and I was not put in proceedings, (i re-filed)

    What can I do to make sure I am put in removal proceedings quickly or timely?

    and does anyone knows what the timeline or process is from i485 to getting my EAD. Do I apply immediately after the Master Hearing/NOA?
  2. bahamas68

    bahamas68 Registered Users (C)

    First thing you need to do is get a good lawyer to help you with this case. Nowadays if your I485 is denied it's pretty much certain that you will receive a Notice To Appear (NTA). There is really no way to rush the process. Sometimes USCIS may take a year before sending your paper work to the court. You can request thru your lawyer that they send the paper work over. They may do that or they may ignore your request and take their time. Now once the paperwork is filled with the court, you loose total control of it. It entirely depends on their timeline; which is also slow.

    Second thing. What kind of relief will you be asking for once you're in removal proceedings. There are only three kinds you can have. Asylum, Cancellation of Removal, and Voluntary Departure. The stolen goods issue may be a problem for Good Moral Character. The cancellation of removal relief is particularly strict on that. Where you convicted of that offense?

    Third. Once in Removal Proceedings you loose EAD. You can't renew it, apply for it etc... The master hearing won't address any EAD issues. If your relief in removal proceedings is approved, you can then apply for a new one.
  3. godisgoodtome

    godisgoodtome Registered Users (C)

    That's exactly what I was going to say; Bahamas is quite right. Once removal proceedings in validated, EAD becomes invalid and you can not work with it.
    My question now is, what kind of stolen Goods did you get caught with? I mean this seems to be a case that you can be found "not guilty" especially if you did not steal the item yourself, also people get a waiver with first time offense (misdemenor) like this, except it was a major felony, which in that case you will still need a lawyer like Bahamas said.
  4. oneluv

    oneluv Registered Users (C)

    I have a lawyer already, an expensive one too, but they can be too causual at times.

    I will be filing for AOS thru the court through my USC wife. There was a guilty plea in the receiving stolen goods case and that is why I need a waiver. It was the waiver denial that led to the i485 denial in the first place. So I will also be filing an i601 waiver through the court.

    My lawyer and other lawyers say that the best chance of getting the waiver approved is in court as my local office hardly ever approves it. My lawyer also informs me that I will be able to get an EAD when I file my i485 thru the Texas Center sometime after the master hearing I presume. They are saying I should get an NOA in 30 to 60 days... but I'm still not clear on exactly when I apply.

    So at what point in the process will I be able to apply for a new EAD bcos I will be filing a new i485?

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