Filing I-130 with I-485 while in removal proceedings!

kamite

New Member
I came to USA as F-1 student. Within a year of my arrival, I applied for as asylum which denied and put on removal proceedings in court. My final court date is 08/22/2023.
On February 14th, 2020 I got married with US citizen and filed I-130 and I-485 to USCIS. I received a notice of acceptance of both applications. Later, another letter came in saying my last fingerprints has been used for I-485. And it says in letter the USCIS will contact me if additional documents are required.
I have an attorney for my asylum case but I did file the marriage case on my own because my attorney wanted to charge me too much. So after I while now, my attorney wants me to send him my marriage case file to fix it. He is saying I didn't file it correctly or professionally and the file needs to be sent to my asylum judge and immigration attorney.
My attorney said today if I don't cooperate and do what he says, he will ask the court to be withdrawn as my attorney.
I told him that I want to wait until I received a notice that I need to fix something but he is still insisting on changing now. I feel like he wants me to hire him for the marriage case.

Do you think I should make any changes or wait the notice of letter if there is something to be fixed.
 
If you were in removal proceedings, you could not file I-130 and I-485 at the same time. The reason for this is that the immigration judge in immigration court, not USCIS, has jurisdiction over Adjustment of Status (I-485) for people in removal proceedings (except for people placed in removal as an arriving alien, which you were not). So normally for someone like you who is in removal proceedings to apply for Adjustment of Status after marriage to a US citizen, you would have to file I-130 first, wait for it to get approved, and then file I-485 with the immigration judge. (Or, if you can get the immigration judge to close the removal proceedings on the basis of your I-130, you can file I-485 with USCIS then.)
 
Thq
If you were in removal proceedings, you could not file I-130 and I-485 at the same time. The reason for this is that the immigration judge in immigration court, not USCIS, has jurisdiction over Adjustment of Status (I-485) for people in removal proceedings (except for people placed in removal as an arriving alien, which you were not). So normally for someone like you who is in removal proceedings to apply for Adjustment of Status after marriage to a US citizen, you would have to file I-130 first, wait for it to get approved, and then file I-485 with the immigration judge. (Or, if you can get the immigration judge to close the removal proceedings on the basis of your I-130, you can file I-485 with USCIS then.)
Thank you for the respond!
Known that I filled I-130 with USCIS, do I have to notify the the court and immigration attorney that I filled I-130 since I am in removalproceedings?
I also hear that people in removal proceedings need to request for bona-fide mariage interview. Is that apply to everyone?
 
I think if you notify the immigration court that you have an I-130 for which you would be eligible for AOS once it's approved, that can get them to pause the proceedings to wait for your I-130 to be approved. I don't know much about the procedures of removal proceedings; you should talk to your lawyer.
 
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