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Process time/time line for I-130 while in deportation proceedings?

Discussion in 'Exclusion or Removal from USA' started by tessiekenela, Sep 14, 2010.

  1. tessiekenela

    tessiekenela Registered Users (C)

    Some of you might be ahead in the game. I was wondering if some of you could share your time line to get your I-130 approved while under deportation proceedings.

    thank you.
  2. Topeka6000

    Topeka6000 Registered Users (C)

    It took 4 1/2 months in miami.. concluded termination just last week..... who's the Judge?

    I-130 receipt - May 1st
    NOA2 - Sept 26, 2010
    Date @ Court in Miami - 27th Sept

    Just know, there is a program at Immigration Courts that would terminate removal proceedings if the respondent has a clear relief available to them immediately... but its still @ the discretion of the ICE attorney.

    Let us know if you do proceed w this approach.
    Last edited by a moderator: Oct 3, 2010
  3. tessiekenela

    tessiekenela Registered Users (C)

    WHOA!! what!? This is amazing to hear.
    The first MH was with Judge Ford in August. The second MH is with judge Saunders Dec 1st.
    I-130 receipt is of 8/3.
    I guess I would like to know, if for some miracle, our I-130 gets approved right before the MH of 12/1, can we just go ahead and ask the IJ to cancel removal proceedings and allow us to file for AOS? Would it be clever to have everything done (incl physical) and bring our i-485/ i-795 package to this second MH?

    Thank you for the info, you just brightened up my day!
  4. Topeka6000

    Topeka6000 Registered Users (C)

    You have the absolute right to be surprised. The program was just introduced last late August. Your attorney should be aware of this program, cause this so very important. Our I130 was approved a few days before master hearing.. otherwise we were prepared to request termination of proceedings on this regard. However, since the I130 was approved, we requested regular termination, since we had immediate relief.... and it was granted. All of this was in the Master Hearing. The next step was to either request the Judge to request a hearing for the AOS or we do it thru USCIS. The attorney had in advance advised us that it would be in our interest to go thru CIS cause the ICE attorney could appeal any decision and we may be stuck w further delays. so we are now preparing for AOS packet thru USCIS. I would suggest you contact your congressman and see what they can do to expedite... i had spent enf $$ and showed my bills to expedite the case.. it took 3 days for approval after 4.5 months of waiting... so i really dont know if it was the expedite or regular processing! g'luck!!!
    Last edited by a moderator: Oct 5, 2010
  5. cadel

    cadel Registered Users (C)

    While on removal procedings,I-130 can't be approved by National benefit center in Missouri.Your I-130 will be forwarded to your local immigration office for interview.It may take 1,2 3,4 years, depends.It would be more fast(less than a year if you sent I-130 along with I-485).I-485 makes The package(I-130 & I-485) arrive so fast to local immigration office.Once the package @ local immigration,it's forwarded to your judge and when you go to next master,judge will give another master( Time for you to get interviewed for I-130).In midtime,judge will send your I-130 to visa section in same office and you will be called with your spouse for interview(you will be separated).Here,you will face an immigration officer.After interview,officer will tell you if application is approved or denied or will ask you to wait decision by mail in 2 weeks and send back your package with decision(approval or denial) to your jugge @ immigration court.During next master,it will be up to judge to make final decision( cancel removal proceedings and approve GC if you sent I-485 with I-130 or ask you to apply for GC if you sent only I-130 or maintain deportation).It also depends on reason that made you on removal proceedings.Now if Judge doesn't receive your I-130 before your next master,you will be ket giving court dates(masters) until judge received I-130 pending now with missouri.Judge can't take decision now until he/she receives your I-130.At this stage,lawyer is not necessary.You can get one or not.
    Good luck.
  6. Topeka6000

    Topeka6000 Registered Users (C)

    Not all I-130 need interviews. Mine didn't. it was for my parents. Unless you were married while in deportation proceedings or @ the discretion of the IO you may get an interview. The I130 will be processed according to the the time-line as stated on the website... 5 mon or less. You cannot apply for i130 and 485 together if you are in removal proceedings. The I130 needs to be approved first or in certain cases pending for removal proceedings to be terminated. - as indicated by the USCIS/ICE Aug20 memo. However, when you are at the court for MH do have the I-485, I-864 ready, w the USC relative in court if at all possible. No need to do medical yet.

    worst case.. ask for continuance..
    Last edited by a moderator: Oct 6, 2010
  7. tessiekenela

    tessiekenela Registered Users (C)

    Thank you!! I really appreciate your help, which by far has been the most helpful!!
  8. dafortycal

    dafortycal Registered Users (C)

    At his first hearing, have him ask the judge to admin close his case pending the outcome of his I-130 or I-485 application. The ICE attorney just might agree. If that fails, ask for more time to fine a attorney. That could buy you another year.
  9. svana

    svana Registered Users (C)

    File all necessary paperwork I-130 and I-485 together. I was also placed under removal for visa overstay. Once ICE saw the proper paperwork filed, they cancelled removal proceedings without ever going to court and without an IJ order. I was placed on removal July 10 2010, filed all the paperwork 8/6/10, met with an ICE officer on 8/7/10. The ICE officer was very helpful, and actually placed an expedite request on my I-485. The officer did a follow up with me in early September, gave back my drivers license (CBP kept it), stated all paperwork is good and he was cancelling the deportation order. I have my green card interview 10/26/10.
  10. tessiekenela

    tessiekenela Registered Users (C)

    Wow, seriously?? I have a pending I-130 filed 7/26/10. I wrote to ICE regarding the memorandum about expediting the petitions for people under removal proceedings but the I-130 for my husband is still pending. I don't think it will get approved before our 2nd MH Dec. 1, but I will bring our completed I-485 packet to court and ask the judge if he could terminate proceedings..

    you were very lucky!!
  11. dafortycal

    dafortycal Registered Users (C)

    Terminate proceeding, good luck getting anyone to agree to that. Better to ask that they be Admin closed.

  12. tessiekenela

    tessiekenela Registered Users (C)

    If they don't, they don't. But if they do, then that's a great outcome don't you think?
    are they going to jail me or deport me for asking? probably not, so why not just ask?

    Same basic idea as decriminalizing pot in california. if they see that we will eventually be granted AOS, why drag the process and waste so much money?
  13. den martinez

    den martinez New Member

    my wife case is administratively closed (removal proceding) bu its not terminated, we file I -130 in october its been almost 6 month the case was transefer for "workload puproses" on Feb 7 ,how long it will take who knows??

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