AOS while in removal proceedings

#1
Hello everyone. I have a concern and I’m looking for answers. I came in the US in 2013 on a student visa and end up applying for asylum in 2014. I got married to my wife in 2015 who wasn’t a us citizen at the time of our marriage and I had my asylum interview in 2017 and was referred to an IJ in 2017. I couldn’t do the master hearing in 17 because court was closed that day because of snow and then got reschedule for 2018 and that did not take place too because of the shut down. However my wife became citizen in 2018 and we applied for AOS September of 2018. I was scedhule for interview in July but couldn’t do it because my wife is in the military and was away at that time. I’m waiting now to be rescheduled but my question is will they approve my i485 and i130 at the interview or do I have to see the IJ to be adjusted there? My next Master gearing in schedule for July 2021.
 

newacct

Well-Known Member
#2
Who did you apply for AOS to? As far as I know, if you are in removal proceedings, not as an arriving alien, then only the immigration judge has jurisdiction over AOS, not USCIS. And you cannot file I-485 with the IJ until USCIS approves your I-130.
 
#3
Who did you apply for AOS to? As far as I know, if you are in removal proceedings, not as an arriving alien, then only the immigration judge has jurisdiction over AOS, not USCIS. And you cannot file I-485 with the IJ until USCIS approves your I-130.
I filed both to uscis. My lawyer is the one who advise to file both together and he said that we got married before I even had my asylum interview so there is a possibility of adjustment with the uscis and then when the I 130 is approved and i485 approved too, he will then go ahead and send a letter to the IJ for the complete cancellation of the asylum case. Plus he said that my wife being in the military can actually help. Plus I haven’t seen any judge yet or as along as your asylum interview weren’t successful you are automatically in removal proceedings?
 
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