i was on removal preceeding before i filed a new 130 and i 485.. i just got my 130 approved last week and the judge said i`m no longer in removal proceeding...he said i should file a new 1-485 with immigration...I got a letter from INS 3 days ago saying they couldn`t adjust my status because i was on removal proceeding. this is based on the first 485 i filed concurrently with the i 130. ...I have a letter from the judge indicating that my case has been dissolved without prejudice....just curious..am i going to start all over again...filing, waiting for many months and going for interview with my wife again?..pls let me know if you have any knowlegde on this..
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
guys, i need your help pls!
- Thread starter getril
- Start date
My friend is in the same situation....He was arrested in June last year and immigration sent him to court. Rught after he hired a lawyer and file I-130. But he didn't file I-485 concurrently....the judge told him to wait for I-130 approval, I guess only then his lawyer is going to file I-485. So I posted the same queston here couple of weeks ago, 'cos my friends really don't know how long it's going to take for 130 approval and if they need to wait another yaer for -485. Nobody really knew the answer andI guess even the lawyer can't r tell for sure. Do you have a lawyer?...if not I would reccomend legal help in this case. Did you go to the interview? Could you sare your timeline?
timeline
June 04 removal proceedings
july 04 filed 130 and i 485
august 04..got receipts for both
august 04 immi..hearing adjourned.
december 04..hearing adjourned until notice from ins
december 04 got letter to appear fro interview
feb 14 05 interview with my wife ( more document required)
Jan 22nd hearing same day i got my 130 apprival in court..case dismissed.
Jan 26, got a letter from INS saying my status could not be adjusted because i was on removal proceedings...apparently, they didn`t know my case has been dismissed..
June 04 removal proceedings
july 04 filed 130 and i 485
august 04..got receipts for both
august 04 immi..hearing adjourned.
december 04..hearing adjourned until notice from ins
december 04 got letter to appear fro interview
feb 14 05 interview with my wife ( more document required)
Jan 22nd hearing same day i got my 130 apprival in court..case dismissed.
Jan 26, got a letter from INS saying my status could not be adjusted because i was on removal proceedings...apparently, they didn`t know my case has been dismissed..
getril said:timeline
June 04 removal proceedings
july 04 filed 130 and i 485
august 04..got receipts for both
august 04 immi..hearing adjourned.
december 04..hearing adjourned until notice from ins
december 04 got letter to appear fro interview
feb 14 05 interview with my wife ( more document required)
Jan 22nd hearing same day i got my 130 apprival in court..case dismissed.
Jan 26, got a letter from INS saying my status could not be adjusted because i was on removal proceedings...apparently, they didn`t know my case has been dismissed..
I am in a same situation.I went to court on removal proceending and got relif.
Had my interview on jan 27th and they asked me for rfe.
I'm still waiting for any answer.
Keep the letter that the judge gave to you. When you file for I-485 you must add that letter (I will suggest a copy signed by a notary) with the rest of the papers.
And yes, when you filed again for I-485 is all over again because is a new one since your first one is really not valid, because the first one as you should know you was on immigration proceedings and a person in those proceedings can't adjust status.
Good luck,
And yes, when you filed again for I-485 is all over again because is a new one since your first one is really not valid, because the first one as you should know you was on immigration proceedings and a person in those proceedings can't adjust status.
Good luck,
When you were in removal proceeding, you could have applied for relief in the form of adjustment of status. Under 245(a) of the immigration act you can do that, even if you had earlier filed your I-485 with BCIS. Had you filed your I-485 at the time your case was in front of the judge and the I-130 was approved while your case was in front of the immigration judge, he/she could have ordered your status adjusted right then if the government attorney had no objection to it. This is why in any removal case, you need to have a good immigration attorney working for you.
sometime2006
Registered Users (C)
What MGM wrote is correct... I would find a good immigration lawyer to help you more. Did you have a lawyer for your removal proceedings? If so, the lawyer should of known to file 485 before the judge to get your status adjudicated then. The is actually very common.