Removal Proceedings I-130 and I-485

S

Selfishman

Registered Users (C)
Hello,

I have been in removal proceedings since fall 2008 and just had my I-130 approved (married to USC for almost 2 years). I have my master hearing coming up in February and was wondering if any one knows what happens at those hearings? My lawyer is preparing the I-485 form to submit at the time of the hearing. However, she also said that there will be another hearing called individual hearing? Has any one had the same situation as me? I trust this lawyer, but wanted to hear some stories and maybe learn something :)




Thank you.
 
Why is your stupid lawyer waiting until the hearing date? If the I-130 is already approved, just go ahead and make an infopass appt to pay the 485 fee, then take the receipt, I-130 approval notice and file the 485 with the court. Judge will then probably make a decision on the day of your hearing.
 
VisaNutz said:
Why is your stupid lawyer waiting until the hearing date? If the I-130 is already approved, just go ahead and make an infopass appt to pay the 485 fee, then take the receipt, I-130 approval notice and file the 485 with the court. Judge will then probably make a decision on the day of your hearing.
Click to expand...

The "stupid lawyer" knows that the I-485 filing jurisdiction is now vested in the Immigration Judge because (s)he actually read the controlling regulations and knows the procedures that have been in place since April 2005.

EOIR Regulation: 8 CFR § 1245.2 Application.

(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.

USCIS Regulation: 8 CFR § 245.2 Application.

(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).

*******************************************************

The OP was placed in Removal Proceedings in 2008 and only just received an I-130 approval notice. Since no I-485 was filed before being placed in proceedings, the filing with USCIS at this point in the process is improper and impractical. The IJ can accept it and direct a copy to be filed with USCIS in order to proceed with fingerprinting and name check (and pay any fee that the IJ does not waive). The IJ can decide a fee waiver on the spot, or make them pay. If an I-485 is sitting at a remote USCIS location the IJ cannot waive a fee, if inclined to do so, as it would be too late. Also, the alien (or rather the attorney) is required to serve a copy of the application package on the ICE attorney as well.

http://www.uscis.gov/files/article/JointFactsheet080806.pdf
See page 4: "Applicants must also serve ICE counsel with full copies of their relief or protection applications, including copies of all supporting documentation."

http://www.justice.gov/eoir/vll/intdec/vol01.html Pre-Order Instructions provided at master hearing when I-485 is filed with IJ.

You can't make up your own procedures.
 
VisaNutz said:
Why is your stupid lawyer waiting until the hearing date? If the I-130 is already approved, just go ahead and make an infopass appt to pay the 485 fee, then take the receipt, I-130 approval notice and file the 485 with the court. Judge will then probably make a decision on the day of your hearing.
Click to expand...


BigJoe5 said:
The "stupid lawyer" knows that the I-485 filing jurisdiction is now vested in the Immigration Judge because (s)he actually read the controlling regulations and knows the procedures that have been in place since April 2005.

EOIR Regulation: 8 CFR § 1245.2 Application.

(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.

USCIS Regulation: 8 CFR § 245.2 Application.

(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).

*******************************************************

The OP was placed in Removal Proceedings in 2008 and only just received an I-130 approval notice. Since no I-485 was filed before being placed in proceedings, the filing with USCIS at this point in the process is improper and impractical. The IJ can accept it and direct a copy to be filed with USCIS in order to proceed with fingerprinting and name check (and pay any fee that the IJ does not waive). The IJ can decide a fee waiver on the spot, or make them pay. If an I-485 is sitting at a remote USCIS location the IJ cannot waive a fee, if inclined to do so, as it would be too late. Also, the alien (or rather the attorney) is required to serve a copy of the application package on the ICE attorney as well.

http://www.uscis.gov/files/article/JointFactsheet080806.pdf
See page 4: "Applicants must also serve ICE counsel with full copies of their relief or protection applications, including copies of all supporting documentation."

http://www.justice.gov/eoir/vll/intdec/vol01.html Pre-Order Instructions provided at master hearing when I-485 is filed with IJ.

You can't make up your own procedures.
Click to expand...


What part of the file the 485 with the court implies "filing with USCIS" ??
 
Last edited by a moderator:
Hey guys, you are both talking about the same thing :) Thats exactly what we are doing. I have just made the check for I-485 fee and then lawyer sent it to Texas center for receipt. From my understanding, we will take the receipt with us and ask the judge to close the case? Does any one know what time frame I am looking at with all this? I have been at this for almost 3 years and just want the whole thing over :D Is there usually a lot of time between a master hearing and individual hearing? Is it certain that individual hearing will happen or is it possible that I will only have a master hearing?

Thank you every one.
 
NO, take the receipt, I-130 approval notice, prepare the 485 (incl. 864) and then file it with the court, petitioning to the IJ to grant you LPR status in lieu of deportation. As a standard procedure for any court filing, you will need to serve the other party (USCIS) also.
The judge might move the master hearing to a future date to allow more USCIS more time to fie a counter. On the day of the hearing, if USCIS does not object, the judge probably will grant you LPR status and close the case, assuming you are otherwise admissible. And then you can forget about this fiasco forever.
 
Great :) Do you know anything about conditional / permanent green cards? I have been reading about them and learned that one has to renew the conditional after 2 years. If at the time of GC approval we are married for over 2 years, they should issue a permanent one, right? Or does it not work like this with people in removal proceedings?

Also, what exactly is the date of GC approval? Is it when the judge rules on the case or when USCIS sends the welcome mail?

Any advice is welcome
 
^^
it will be a non-conditional/full card. The date of lpr is the day IJ grants you permanent residency.
 
Selfishman said:
Great :) Do you know anything about conditional / permanent green cards? I have been reading about them and learned that one has to renew the conditional after 2 years. If at the time of GC approval we are married for over 2 years, they should issue a permanent one, right? Or does it not work like this with people in removal proceedings?
Click to expand...

If at the time of the interview you have completed at least 2 years of marriage, upon approval you'll get an unconditional 10-year card even if you were in removal proceedings. I figure in your case the "interview" will be the court hearing, and approval or denial will happen the same day of the final hearing or a few days after.

The problem is that usually the I-485 won't get approved if it was filed after you're already in removal proceedings.
 
Last edited by a moderator:
I'd say your chances are worse than 50/50. How much worse? That's hard to say without knowing more facts of the case. But if you got married after already being in removal proceedings (and it appears that way, since you say you've been married "almost" 2 years but in removal proceedings since 2008 which is more than 2 years ago), that makes your chances very bad. I hope you have a Johnnie Cochran-esque lawyer!
 
Last edited by a moderator:
Jackolantern said:
If at the time of the interview you have completed at least 2 years of marriage, upon approval you'll get an unconditional 10-year card even if you were in removal proceedings. I figure in your case the "interview" will be the court hearing, and approval or denial will happen the same day of the final hearing or a few days after.

The problem is that usually the I-485 won't get approved if it was filed after you're already in removal proceedings.
Click to expand...

Jackolantern said:
I'd say your chances are worse than 50/50. How much worse? That's hard to say without knowing more facts of the case. But if you got married after already being in removal proceedings (and it appears that way, since you say you've been married "almost" 2 years but in removal proceedings since 2008 which is more than 2 years ago), that makes your chances very bad. I hope you have a Johnnie Cochran-esque lawyer!
Click to expand...

Jackolantern, I understand what you are trying to say is that marrying while in deportation proceedings makes it tough to get approved in marriage-based GC cases. However, in these cases, the main hurdle is I-130, NOT I-485. In fact, if the OP is otherwise admissible, USCIS can't even object to OP's petition to relief from deportation based on the "fraudulent" nature of the marriage, since USCIS is the one that approved the I-130, confirming the true, bona-fide nature of the marriage.

I personally think OP has a very good chance of getting the GC, assuming, once again, he is otherwise admissible.
 
OP will be approved.I-130 was approved.They call it a relief.Judge will approve I-485 on individual hearing day.
 
Selfishman said:
Hey guys, you are both talking about the same thing :) Thats exactly what we are doing. I have just made the check for I-485 fee and then lawyer sent it to Texas center for receipt. From my understanding, we will take the receipt with us and ask the judge to close the case? Does any one know what time frame I am looking at with all this? I have been at this for almost 3 years and just want the whole thing over :D Is there usually a lot of time between a master hearing and individual hearing? Is it certain that individual hearing will happen or is it possible that I will only have a master hearing?

Thank you every one.
Click to expand...

First of all you should not sent your application to Texas.First step, package sould be sent to Chicago.And then Chicago would forward it to Missouri center(National Benefit Center).Second,you will be called for fingerprint and be asked to do medical examination.Once your medical and cleared fingerprint result have been received by USCIS,Missouri will(in about two months from the date your application was mailed) sent your pakage to your local immigration center.Your local immigration center then will forward package to immigration court and your judge will received your application.Until February,judge will not be able to receive your package and you wll be given another master( 3-6 months) time for judge to receive your application.So when you go for next master,if at that time your application is on judge table,judge will then give you a date for individual hearing(2-8 months) when decision will be made on your I-485(most of people get approved).
Faster way was after getting married,you would sent your I-130 along with your I-485 to Chicago(I-130 and I-485 togheter).This process takes about 1 year to 1 year and half to get your green card.This what I did for my wife and without lawyer.She got her Green card in 11 months.She was in removal proceedings(asylum case with judge).When you do it with lawyers,they send I-130 first.This is a legal route but it takes time.
Good luck.You will get your Green card.Important thing is getting your I-130 approved.
 
cadel said:
Faster way was after getting married,you would sent your I-130 along with your I-485 to Chicago(I-130 and I-485 togheter).This process takes about 1 year to 1 year and half to get your green card.This what I did for my wife and without lawyer.She got her Green card in 11 months.She was in removal proceedings(asylum case with judge).When you do it with lawyers,they send I-130 first.This is a legal route but it takes time.
Good luck.You will get your Green card.Important thing is getting your I-130 approved.
Click to expand...

Two different lawyers told me that once you are in removal proceedings (or once there is a case with IJ), you cannot send I-130 and I-485 at the same time. Is this not true? I mean, it doesnt change anything for me at this time, but truth would be good to know :D
 
Selfishman said:
Two different lawyers told me that once you are in removal proceedings (or once there is a case with IJ), you cannot send I-130 and I-485 at the same time. Is this not true? I mean, it doesnt change anything for me at this time, but truth would be good to know :D
Click to expand...

You're right - no concurrent filing when you are in removal proceeding.
 
Could anyone tell me how much time there is usually between master and individual hearings? Is it about 6 months (like between 2 master hearings) or shorter?
 
You must log in or register to reply here.
Top