Don't understand how you file for I-485 while in removal proceedings

tessiekenela

Registered Users (C)
we filed our I-130 while my husband was detained back in July - still under review.
had first MH/bond hearing 8/3 IJ asked what type of relief we were seeking. advs AOS.
have 2nd MH scheduled for 12/1

assuming best case scenario:
our I-130 is approved before court date of 12/1. how do we ask the IJ about AOS?
normally, what is this 2nd MH for?
can the judge approve this and let us file the I-485?

Anyone that has already been through this?

God Bless!
 
I believe you would file I-485 directly with the IJ along with a copy of the I-130 receipt notice, all other required paperwork, and a motion to dismiss the removal proceedings.

However I am not an attorney and I don't believe that I--or anyone else on here, even if they are an attorney--is qualified to offer legal advice in this kind of a generic public forum. Your husband has very little wiggle room left at this point--one mistake could result in his being put on a plane back to his home country. So I'd strongly advise you to seek the advice of a qualified attorney. Surely you can at least pay for a consultation, or get a free consultation, that would at least outline the next steps. As I previously noted, your husband, given that he is not working right now, should be picking up the phone and getting as much free or cheap advice from lawyers as he can.
 
Approved I-130 is very good step.But this will depends on judge.On next master hearing,judge may cancel removal proceedings and allow your husband to apply for green card.Judge may also ask your husband to go back to his home country.
 
Top