AOS while in removal proceedings - STOKES

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kaktus

Registered Users (C)
I was married to USC for 3 years. But our marriage didn't work out and I'm in removal proceedings right now. While i was in removal proceedings i got married to another USC. At our master hearing Judge sent us for stokes interview which is scheduled in August 2008 in NYC. My next hearing in court is set for February 2009 and i would like to move it sooner then Feb of 2009. Lawyer said that i cant request a new date for my hearing till I pass the interview. If someone knows pls confirm (sometimes i don't trust lawyers ) Is it possible to move my hearing since i know my stokes interview date?
Also my question is - after i pass stokes and go back to court - will judge approve my AOS right away or i have to mail I-485 and wait again. Lawyer said that it's up to judge but i'm not satisfied with his answer. I want it to be approved as soon as possible.
THanks
 
First off, you should understand that neither you nor your attorney can demand that the judge move the hearing date. You can merely request the date be moved forward, and the Judge decides whether he/she wants to move the date.

Second, having a date in Feb. 2009 is good for you now. Stokes interviews are not a walk in the park anymore. The NYC office is really going hard at people who marry during proceedings. Expect that you and your wife will be separated and she will be pressured to say that the marriage is fake. Also expect some very hard questions. Having the date in Feb. 2009 gives you a grace period if something should go wrong. So whether or not you CAN move the date forward right now, I think your attorney is smart to advise you not to do so.

Finally, you should listen to your lawyer regarding whether the judge will grant AOS immediately. Every judge is different, every case is different. There are a million factors at work, but ultimately it will depend on what the judge and the DHS attorney want to do. Your attorney will not be able to force the judge one way or the other.
 
i just checked NY court system by phone - it says that i have a master hearing again.
I had 3 of them already. Does it mean that after my next master hearing which will be in February of 2009 will be an individual hearing where the judge possibly can adjudicate my status? Or it can happen at my master hearing if prosecution doesn't object.
 
I think your first plan of action should be to successfully complete your "STOKES" interview. You can start worrying about your master or individual calendar hearings once USCIS clears your stokes interview.
 
kaktus said:
i just checked NY court system by phone - it says that i have a master hearing again.
I had 3 of them already. Does it mean that after my next master hearing which will be in February of 2009 will be an individual hearing where the judge possibly can adjudicate my status? Or it can happen at my master hearing if prosecution doesn't object.
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I don't know the exact situation of your case, i.e. whether you have already submitted the I-485 to the judge, but regardless, IJs almost never grant adjustment at a master calendar hearing, objection or not. In fact, many IJs hate to do adjustment hearings at all. If you pass the Stokes interview, the IJ may "remand" your case to the USCIS. That means that the IJ may terminate proceedings against you, which would put your I-485 back before the USCIS for adjudication. However, if the DHS objects to termination of proceedings then the IJ will probably reschedule for an individual hearing on your application.
 
i had my stoke interview in nyc i.o ask me 100 questions and then same question for my husband to see if we on the right track,and we was separated.i did my stoke interview on april 15,2008 and i got approval notice for my i130.then one week after that card production email.next two days i checked my mail i got welcome notice.and it said your new card will expires in ten years.so just pray
 
Triple Citizen said:
How exactly did you end up in removal proceedings? Triggered by a denied I-485 based on the first marriage?
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yes. i withheld my application I-485 and filed for divorce after 3.5 years of marriage. Then got deportation letter. Then married again to USC while in removal proceedings. :rolleyes:
 
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NITEOLE718 said:
i had my stoke interview in nyc i.o ask me 100 questions and then same question for my husband to see if we on the right track,and we was separated.i did my stoke interview on april 15,2008 and i got approval notice for my i130.then one week after that card production email.next two days i checked my mail i got welcome notice.and it said your new card will expires in ten years.so just pray
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Wau - cant believe it. But really did you file I-485 before the judge before your stokes? how come after your I-130 got approved based on your stokes they sent you a welcome letter. :confused: My lawyer said the same - that he can't even schedule a hearing (master or individual) till i pass my stokes. :rolleyes:
just really looking for a way to expedite it. (wasn't back home for 3 years now) :(
pls let me know the details.
thanks
 
senowen said:
I don't know the exact situation of your case, i.e. whether you have already submitted the I-485 to the judge, but regardless, IJs almost never grant adjustment at a master calendar hearing, objection or not. In fact, many IJs hate to do adjustment hearings at all. If you pass the Stokes interview, the IJ may "remand" your case to the USCIS. That means that the IJ may terminate proceedings against you, which would put your I-485 back before the USCIS for adjudication. However, if the DHS objects to termination of proceedings then the IJ will probably reschedule for an individual hearing on your application.
Click to expand...
i didn't submit it yet. He said that i have to go to stokes first and then come back.
Hopefully he can adjust my case without USCIS. I think its faster right?
after i pass successfully my stokes can i schedule individula hearing right away or should go through another master hearing before judge can set a date for my individual hearing?
thanks a lot.
 
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