I-130 while in removal proceedings

Yauheniya

Registered Users (C)
Hi everyone.
My friend has a really complicated case, so I was wondering if anybody else here has similar experience.
My friend got married to USC in August 2004, when he was still in school on F-1 visa. But later that year he dropped out of school, and school reported him to Immigration. In May 2005 he was arrested by immigration, because he never filed for AOS, I really don't know why my friend and his wife waited so long. Immigration started removal proceedings under section 240 of the I& NA. A week or two later my friend finally hired a lawyer and they filed I-130 for him. His fingerprints were taken right after he got arrested. He never had to submit any medical forms, his lawyer didn't file for EAC or AP (I wonder why). On January 3, 2006 immigration judge told the guy to come back in July after he has the interview (but there's no info about the interview date). Now my friends are really confused, they didn't recieve an interview letter and don't even know how long it's going to take. So may be you can help us with these questions:
Why the lawyer didn't file for AOS?
In his Notice of action it says that he has to wait when visa number becomes available (I don't understand why since he is an immidiate relative). In my case (I'm also married to USC, I have the interview in 2 weeks) I didn't have to wait for a visa number.
And how long is it going to take for my friends to get their interview date in this case?
Does anybody know how the system works in a case like that?
I would appriciate if you can find a minute and help me to clarify this situation. Thanks.
 
Why the lawyer didn't file for AOS?

It is possible to file AOS with the immigration judge during the hearing. If the judge decides that your friends marriage seems genuine and not a ploy to evade the deportation, he can accept the I485 and send it to USCIS for processing.

It sounds like someone dropped a bowling-ball sized ball early on in this process.
 
Help!!help!!!help!!!

Hi folks,

I-130 was filled out on April 2001, my wife became a US citizen on August 2004, I-130 application was transfered from Vermont to Newark NJ, on September 2004. I did not receive any notice. I took an appointment, and went there with my wife on November 2005, the officer told us , as August 2005, you will be scheduled for a Wednesday interview, since than, nothing is new. I have another pending case (asylum), the judge is waiting for I-130 to be approved.

PLEASE ADVICE ME, WHAT I SHOULD DO? HOW LONG IT TAKES FOR AN INTERVIEW.

THANK YOU...
 
Hi LIRAG

I would like to know how did your case end up. Im in th same boeat you were before. My case (i-130) was transfered to de local INS office waiting for an interview. Also, I have an asylum case pending.
Please replay! thanks you
 
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