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Termination of removal

Discussion in 'Exclusion or Removal from USA' started by Nata-li-nata, Oct 11, 2016.

  1. Nata-li-nata

    Nata-li-nata New Member

    Hi everyone! I would like to share my experience about termination of removal without lawyer. Maybe it will help someone.

    I entered US as a visitor (B-2 visa) 07/04/2013 and then filed form I-589 Application for Asylum and Withholding from Removal in August 2013. I met my husband in September 2013 and we decided to marry and move together in November 2013. I had to transfer my asylum case in Houston and my EAD clock was stopped because of that. We agreed to engage in common law marriage (it is legal in Texas, see Texas Family Code for more information) in December 2013. I had had my asylum interview in Houston at May 5, 2014. The asylum was not granted, instead my case was transferred to San Antonio Immigration Court because I was admitted in USA until January 3, 2014 but don’t leave country, which means I overstayed my B-2 visa. But the good news was my EAD clock started again after the interview and I applied for work authorization and received it in September 2014, after that I applied for SS number and finally received my driver license.

    My master calendar hearing supposed to be 09/09/2014 but when I went to the court there weren’t hearings and the next hearings date was scheduled on November 2019.

    It took me almost a year to figure out how to proceed in my situation without lawyer. Finally my husband (US citizen) and I decided to terminate removal proceedings in immigration court and then pursue marriage-based adjustment of status with USCIS. There are our steps and list of documents we submitted with every step:


    1. December 07, 2015: I-130 was filed with Request for a bona fide marriage exemption, G-325A for my husband and me, copy of husband’s passport, copy of I-94, copy of my passport, 2013 and 2014 joint tax returns, letters from friends and relatives in support bona fide common law marriage, family medical benefit plan and insurance, copy of Sam’s club cards for our household, letter from bank addressed to both of us, IRS letter addressed to both of us, documents about short trip together, written evidence of moving together, family phone plan, pictures, messages from Skype and emails.

    2. On January 28, 2016 I-130 and all supporting documents were transferred to USCIS San Antonio office and we don’t receive an interview appointment for interview yet.

    3. On April 15, 2016 we filed I-485 with Texas Service Center. There is one location only for all applicants in removal proceedings and it accepts only copy of form I-485 (without any supporting documentation), application fees and copy of “Instructions for submitting certain applications in immigration court and for providing biometric and biographic information to U.S. Citizenship and Immigration Services”.

    4. We gave up on waiting for approval on I-130 from USCIS and decide to file joint motion to terminate without it. However it requires more supporting documentation. I find my local Office of the Chief Counsel
    U.S. Immigration and Customs Enforcement U.S. Department of Homeland Security and called them up to find out how they would like to receive proposed joint motion to terminate and they gave me the email address. I read the Immigration Court Practice Manual, find some examples of motions online and compile my joint motion to terminate.

    5. On July 10, 2016 I sent proposed joint motion to terminate to Office of the Chief Counsel by email with supporting documents: the fee receipt for I-485, signed I-485, copy of the I-130 packed filed with USCIS, I-130 receipt, g-325a for me, foreign birth certificate, certification by translator, translation of the birth certificate, most recent I-94, I-864 and supporting documents (tax returns for last 3 years, copy of USA passport, copy of Current Poverty Guidelines, pay stubs)

    6. On July 11, 2016 Assistant of the Chief Counsel signed the Joint motion and sent it back to me by mail.

    7. On July 18, 2016 I sent joint motion to court and sent all documents listed in p. 5 above to support the motion. An identical copy was sent to Office of the Chief Counsel and Certificate of service was attached to the motion filed with court.

    8. On July 22, 2016 I received letter from the Immigration court that my case was terminated.



    Now I am going to AOS with USCIS)
     
  2. Pierre82

    Pierre82 Well-Known Member

    Congrats and I hope all goes well with you AoS
     
  3. dgodinez

    dgodinez New Member

    Hello

    I too did my own Motion to Terminate and just received the notice saying my proceedings were terminated and the judge indicated that i file my AoS with USCIS. My question is how does this happen? Do I have to notify USCIS that my proceddings were terminated, do i file the application again even though I paid and have the receipts, or does the IJ forward my file to USCIS? I want to make sure I am prepared for whatever happens next.

    Thank you for posting about your situation, I have been trying to research this for a few days now.
     
  4. nadia198777

    nadia198777 New Member

    Hi. Did you find it very difficult to file the joint motion yourself? Also, you're saying that you sent joint motion proposal on July 10,.2016, and the ICE agreed to join the following day? Don't they take a while to review everything?
     
  5. Nata-li-nata

    Nata-li-nata New Member

    Sorry, but I don't know the answers. In my situation I made an infopass to local USCIS office and gave them the Letter from the court. My documents were forwarded to local USCIS office
     
  6. Nata-li-nata

    Nata-li-nata New Member

    Hi! It wasn't very hard but it took a lot of time to figure out all steps. Because of that I want to share my experience there. Yes, the Office of the Chief Counsel reviewed my file and agreed to join my motion in one day. I have no idea how long it takes usually because for me it was one time deal.
     

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