Can Court Decide on Adj of Status...

[DJdeMarco]

Hi,

I applied for my wife's adjustment of status and we missed the interview date and it got denied. Once we were back in the US, we found out there is a court proceeding against her. Long story short, we appliued for her I130 which just got approved. During this time we have been going to court to simply get a new date and wait until her I130 is approved.

I am now applying for her adjustment of status again. We have a court date in Mid July for her case. I wanted to know, can court decide on her adjustment of status or do we have to wait until it goes through. I heard that you can ask the court to decide on your adjustment of status case. Will the old case be dismissed now that we have an approved I130?

Thank you.

 

[DJdeMarco]

Update...

Hi, Its me again.

I just stopped by the local BCIS office and asked them what the next step in the process is. They told me that since my wife is in the removal proceeding with the court, I should not apply for her adjust of status (I130 already approved). They told me to just prepapre the paperwork and take it to court and court might do the adjustment. What I want to know is weather or not to file the paperwork. Would it be best that I file it now and tell court that I have filed it? Can Court adjust it if the paperwork is already filed or shall I simply take it with me to the court?

I am desperate, so please let me know if anyone has any information about it.

Thank you.

 

[VivaLasVegas]

Hi, Its me again.

I just stopped by the local BCIS office and asked them what the next step in the process is. They told me that since my wife is in the removal proceeding with the court, I should not apply for her adjust of status (I130 already approved). They told me to just prepapre the paperwork and take it to court and court might do the adjustment. What I want to know is weather or not to file the paperwork. Would it be best that I file it now and tell court that I have filed it? Can Court adjust it if the paperwork is already filed or shall I simply take it with me to the court?

I am desperate, so please let me know if anyone has any information about it.

Thank you.

The Immigration Court (EOIR) can adjust status. You need to file the I485 along with the supporting documents at the Immigration Court. If the I130 is approved the Immigration Judge will give you two options.

1. Set up a hearing for the adjustment of status
OR
2. They will move the file back to the district office for approval.

HTH and good luck.

 

[DJdeMarco]

Feel Much better now...

Thank you very much for your assistance. I just needed reassurance regarding applying with the court. I will simply wait a month until the court date and then apply in court. It will probably be better as the Judge has been really nice and the local office is about 1 year behind in Adjustment applications.

Thanks again.