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GC through marriage after Denied Asylum HELP URGENT
- Thread starter desp1234
- Start date
Concerned4us
Banned
You need to be working with an attorney. If you are not satisfied with the one you have, get a new one who is a member of AILA and a specialist in cases like yours.
I understand that it will cost you but you really need to consult an attorney. This is not one you will file yourself like someone without a history as yours. You can call attorneys and get free consultation over the phone.
By the way, have him file the brief whether it irritates them or not, he just does not want to seem incompetent. Perhaps you can ask his opinion on how to file your current inquiry here.
By the way, have him file the brief whether it irritates them or not, he just does not want to seem incompetent. Perhaps you can ask his opinion on how to file your current inquiry here.
Jackolantern
Registered Users (C)
You're in removal proceedings so you can't submit the adjustment of status paperwork to USCIS; they will reject it. Get an attorney and file the paperwork with the court.I understand your concern. But I would like to do it myself. Would they charge me the fees if I sent the forms to uscis instead of the immigration court btw?
1.) IF you have a USC spouse, (s)he files an I-130 with USCIS.
2.) You MUST have an APPROVED I-130 already in order to file the I-485 at the direction of the Immigration Judge.
3.) USCIS has sole jurisdiction on the I-130 decision.
4.) Because you are in Removal Proceedings, the IJ has sole jurisdiction for any future I-485, IF you are sure that INA 212(e) does not apply. Does the J-1 visa have that notation on it?
2.) You MUST have an APPROVED I-130 already in order to file the I-485 at the direction of the Immigration Judge.
3.) USCIS has sole jurisdiction on the I-130 decision.
4.) Because you are in Removal Proceedings, the IJ has sole jurisdiction for any future I-485, IF you are sure that INA 212(e) does not apply. Does the J-1 visa have that notation on it?
In the instructions it still says that I can file I-130 and I-485. I actually know a case when I-130 and I-485 were filed together with USCIS while in Removal Proceedings and everything went smoothly. Weird... When they went to court the judge said: Why didn't you file the papers with USCIS? hat the heck are you waiting for? So they sent the papers out the next day and everything just went smoothly... Plus it doesn't say anything about the immigration judge in the forms for some reason...
Yes it does. The two year rule foreign residency requirement (212(e)) does not apply to me.
And the instructions DO say that you cannot file ONLY if you have a J-1 with 212(e) applied. Nothing about J-1 when 212(e) does not apply which means I can file.
It also says that I can file I-485 concurently as long as I have I-130 going with it (does not matter if its approved or not when I send it) which provides a visa number immediately. Of course, if they don't approve I-130, I-485 will be automatically rejected.
http://www.uscis.gov/portal/site/us...nnel=02729c7755cb9010VgnVCM10000045f3d6a1RCRD [This contains further links to procedural matters including filing. The IJ can allow the filing and retain jurisdiction OR terminate proceedings and let you file with and your case be adjudicated by USCIS.] [ICE and USCIS are still working out procedural matters for ICE identifying cases that should be removed from Immigration Court and handed back to USCIS, it is still a work in progress.]
USCIS Memo: http://www.uscis.gov/USCIS/Laws/Memoranda/2011/April/guidance-adjudication-remove-proceedings.pdf
ICE Memo: http://www.ice.gov/doclib/detention-reform/pdf/aliens-pending-applications.pdf
8 CFR § 245.2 Application. [USCIS Regulation.]
(a) General —(1) Jurisdiction. USCIS has jurisdiction to adjudicate an application for adjustment of status filed by any alien, unless the immigration judge has jurisdiction to adjudicate the application under 8 CFR 1245.2(a)(1).
8 CFR § 1245.2 Application. [EOIR Regulation.]
(a) General—(1) Jurisdiction. (i) In General . In the case of any alien who has been placed in deportation proceedings or in removal proceedings (other than as an arriving alien), the immigration judge hearing the proceeding has exclusive jurisdiction to adjudicate any application for adjustment of status the alien may file.
******************
Amendment(s) published May 17, 2011, in 76 FR 28305
Effective Date(s): August 15, 2011
2. Section 204.1 is amended by revising paragraph (b) and removing and reserving paragraphs (c), (d), and (e).
The revision reads as follows:
§ 204.1 General information about immediate relative and family-sponsored petitions.
(b) Proper filing. A petition for alien relative and a petition for Amerasian, widow(er), or special immigrant must be filed on the form prescribed by USCIS in accordance with the form instructions, and will be considered properly filed when the petition is filed in accordance with 8 CFR 103.2. The filing date of a petition is the date it is properly filed and received by USCIS. That date will constitute the priority date.
Previously an I-130 could be filed with USCIS or at a Consulate. Consulates are losing jurisdiction. IJ's NEVER had jurisdiction so it is imperative that you just get that over with ASAP. Worry about the I-485 later.
Is any immigration court a part of the department of homeland security?
Immigration Court and BIA are in the EOIR in Department of Justice.
USCIS, ICE and CBP are in Department of Homeland Security.
Your USC spouse files an I-130 with USCIS immediately. If you get to Immigration Court and don't have an approved I-130 you CANNOT FILE an I-485 with anyone.