Master calendar hearing

[james]

Can someone who has gone through master calendar tell me what to expect at the hearing? thanx~

[Caribbeanman]

Hi James,


At the hearing the judge will look to see if there is any relief available to you and he will also look at you NTA (Notice to appear). That hearing is just to see what of relief available to an individual if any.OH and aslo he will read the charges against you.

[james]

thanx cman... can always count on your answers since your case mirrors mine. So only the attorney speaks or does my wife have to speak also? And this may seem off tangent but our stokes is coming up soon also so can you give me some advice? maybe q's from the interview, what you brought, etc. Was ur lawyer present with you? thanx

[Caribbeanman]

Your attorney speaks,the Judge will ask you if the charges against you are true or not that's the only time she will speak.Is this the first Master Calendar hearing??


About the interview just bring EVERYTHING that you have i mean all the evidence possible.The questions are about your relationship like how you all met, where you met,what side of the bed she sleeps on,how many bathrooms/toilets in the house etc... .My lawyer was not there because he's from Texas and we had the interview in FL so it would have been to expensive to have him there but he did have to sign a waiver stating that he was not present.Hope that helps.

[dianna832]

Carribeanman is right... ur attorney does most of the talking... same thing happend in our hearing.

I wish you the best of luck on your hearing and stokes interview!!

[Caribbeanman]

Hi Dianna,

How's it going? :)

[dianna832]

Hi Dianna,

How's it going? :)


Hey Caribbeanman:wave: its going pretty good!!... Just playing that waiting game, you already know how that is... How's it going with you... any closer to that last hearing???

[Caribbeanman]

Well i'm just waiting on my biometrics appointment letter so nothing happens before that..i should be getting it pretty soon though. :)

[dianna832]

That's awesome... so hey, how was it that you ended up in removal proceedings?

[Caribbeanman]

I came in on a visa and overstayed.

Was working illegally and they found me.

[james]

thanks guys... we're very nervous now but we've waited long enough with this so relieved at the same time. This is our first hearing. I'll let you guys know how it turns out. Pray for us.

[Caribbeanman]

James, trust me it's no big deal you'll see.Good luck and relax :)

[james]

Hey guys, just want to let you know we passed the stokes~!~! The officer was very very nice, made us feel at ease:) I guess now we have to wait for MC and Individual. Cman, so after stokes comes mailing copy of I485 to Texas, waiting for the receipt and biometrics appt? all the while my lawyer will have to take the approval notice to judge for MC right? Is there any way we can skip MC and go straight to Individual?

[dianna832]

James congratulations on the stokes !!! :yay: :yay:

Details???? please :D

[Caribbeanman]

Hey guys, just want to let you know we passed the stokes~!~! The officer was very very nice, made us feel at ease:) I guess now we have to wait for MC and Individual. Cman, so after stokes comes mailing copy of I485 to Texas, waiting for the receipt and biometrics appt? all the while my lawyer will have to take the approval notice to judge for MC right? Is there any way we can skip MC and go straight to Individual?



Congrats James!!!!!.. your lawyer can now file the copy to Texas (with all fees paid of course) then you will receive the biometrics letter about 2 weeks after your lawyer sends in the copy telling you time and place to get it done,oh you'll receive a receipt notice for the I-485 too.The judge will most likely set several MC hearings(usually 2 or 3) until your biometics are done and the results are in. Then the individual or FINAL hearing is set.Most likely the MC hearings that are set while awaiting your biometrics results you'll have your presence waived (meaning you dont have to be there).


The Judge has to keep the case on the docket hence the number of MC hearings while awaiting the biometrics results.Good luck :)

[Caribbeanman]

Oh i forgot to answer your last question.:D


The Individual hearing cannot be held before the MC hearings.

[supermario]

I was so nervous but my lawyer took care on the master hearing . He told the judge that we already file I-485 and the interview was done already. That's when the judge terminate removal proceedings on my case and told me to keep my adjust status.

[Caribbeanman]

I'm confused is James and Mario the same person? lol


If not i have a question..did this termination happen recently Mario?

[james]

thanks guys... Been so busy lately with so many things going on at the same time. Diana, in terms of the interview, we were very nervous but our lawyer really set the tone. Don't know if this applies to every case but I think having an attorney present really made our interview go smoothly. I know that a couple that went in right after us didn't have attorney present and they took much much longer than we did, but I guess it could also depend on which officer you get. We went prepared, I think we brought the most files out of everyone combined so I say bring everything and show that you have alot of stuff. Questions were detailed but not too personal such as what we did over the weekend, siblings, number of locks/toilets/bedrooms etc... Just go over everything in your house...
hey cman, did you also apply for employment auth as well as I485? I heard someone say you can't apply for employemnt auth if under proceedings but my lawyer said you can, but may delay things a bit? Don't know if it'll be worth it if it's going to delay things. Mario, I've been hearing alot about cancelling removal proceedings and am very confused. I thought you need to apply for cancellation but the judge could just cancel it just like that? My lawyer say my case is AOS... but I'm still confused as to why some people have to cancel removal and some can just AOS even though they are all "under proceedings". Any thoughts cman?

[dianna832]

thank you for the detail and advice james... I have another question for you.... how long was it since you filed the I-130 up until your interview? Was it also a year just like Cman?

[Caribbeanman]

My lawyer say my case is AOS... but I'm still confused as to why some people have to cancel removal and some can just AOS even though they are all "under proceedings". Any thoughts cman?



Ok, cancellation of removal is a form or relief.Some people have different forms of relief when in removal proceedings for e.g. there is Adjustment of status through marriage,asslyum,Cancellation of removal for Permanent Residents,Cancellation of removal for non-residents ...Voluntary Departure is the last form of relief when you do not qualify for any of the above..Hope that helps :)

[james]

just abit longer... see my note

[james]

So, here's the update on my case. We received the receipt for I485 from Texas and we're now waiting for Biometrics letter/appt:). And we are going to get our medical done soon. Cman, I guess we're about 3 months behind your schedule? But here's where our case may diverge. My lawyer said the I.J is sending our case to immigration, which I read from previous posting, is a slower way to adjust status but my lawyer said it is good news. We don't have to recalendar our case, we just send the original I485(along with official pics and medical results) to Chicago as if we are not under proceedings anymore and go the regular route? He says it's good news but I was expecting the recalendaring and individual hearing, so when I heard this I was a little confused. He also said there will be another interview, I guess it is the AOS interview? Anyway, I am feeling good about it although I didn't expect this route. Anyway, continue to pray for us guys. Thanx

[Caribbeanman]

The immigration judge terminated my removal case so that USCIS could adjudicate the original adjustment of status application (I-485) that I had filed with the immigration court. I have followed all the pre-order instructions that I was given in immigration court and submitted the copy of my application to the Texas Service Center, but now USCIS is telling me that
they do not have my original application to adjudicate. What should I do?
A. Under a new policy implemented in October 2005, EOIR immigration judges can terminate certain removal cases where the alien has an adjustment application pending with the court by granting an ICE motion to dismiss or a joint motion filed by ICE and the alien. If the immigration judge grants such a motion and terminates your removal proceedings, ICE counsel will forward the your “A” file to the appropriate local USCIS district for adjudication of the adjustment application. The complete I-485, including all supporting documentation, must be in the “A” file when USCIS receives it or USCIS will be unable to adjudicate the request for adjustment. The alien always has the ultimate burden of satisfying all USCIS filing and eligibility requirements. Therefore, you should be certain that you or your representative have served a complete copy of your I-485, with supporting documents, on the ICE counsel so that it can be maintained in your “A” file. You may be requested by the USCIS officer who adjudicates the application later to re-sign the complete copy in the presence of the USCIS officer. Be sure to keep copies of your application fee receipt, your ASC biometric scheduling notice, and, if you have attended your ASC appointment, the ASC confirmation notice that your biometrics were collected. You may need to show these items to the USCIS officer.
Please remember that when you submitted the copy of the basic I-485 application (without supporting documentation) and your fees to the USCIS Texas Service Center under the pre-order instructions that you were given in immigration court, you were not filing the application with USCIS for adjudication at that time. Instead, you were only taking the necessary preliminary steps to pay the fees and get a fee receipt before you actually filed the original I-485 with the immigration court. Now that your removal proceedings have been terminated, you must ensure that your I-485 is properly pending for adjudication with USCIS if you still wish to seek adjustment of status. If your BIA appeal was terminated so that you could pursue adjustment before USCIS but you had not previously filed an adjustment application with the Immigration Court, you must file your original adjustment application with USCIS as discussed in the Q & A below.


James, i hope this was edifying to you..good luck!!!

[Caribbeanman]

James youre pretty close to me as i only did my biometrics 2weeks ago.

Concerning another interview YES youre gonna get another one just as if you were to adjust in court then the Judge will be person interviewing.


Good luck with you case and I'll keep you in my prayers.


God bless!

[james]

Thank you Cman. I thought I was attending lecture at a law school.. hew:) Ok, so just to clarify, sending the original I485 to Chicago(where I485s of people not under proceedings are sent?) for processing as if this was a regular AOS is correct? rather than to the local USCIS office or to the judge? I thought I485 was supposed to be filed directly to the judge. So does the local office get the copy again along with the A file? And what is a BIA? Anyway, as you can see I'm still abit confused. So, how is it going with your case cman? how was the biometrics appt? Keep us posted.

[Caribbeanman]

Thank you Cman. I thought I was attending lecture at a law school.. hew:) Ok, so just to clarify, sending the original I485 to Chicago(where I485s of people not under proceedings are sent?) for processing as if this was a regular AOS is correct? rather than to the local USCIS office or to the judge? I thought I485 was supposed to be filed directly to the judge. So does the local office get the copy again along with the A file? And what is a BIA? Anyway, as you can see I'm still abit confused. So, how is it going with your case cman? how was the biometrics appt? Keep us posted.

LOL! I got that from the uscis website :D..I think the I485 will be sent to your local office and you will be called for an AOS interview

I-485's are only filled directly to the Judge when you are in removal proceedings(you will not have to do that as you lawyer will be moving to have USCIS adjudicate the application)


No the local office gets the ORIGINAL.Your lawyer will make sure the original is in A file which is then sent to the local office by the DHS attorney.I-485 copies are only sent to Texas because 1.The immigration court do not receive payments and 2.It shows proof that you paid the application fee and biometrics fee

BIA,you don't have to woory about that that's if you case is denied in immigration court then it goes to BIA (Board of Immigration Appeals).That was just in there on the website.

[james]

LOL! I got that from the uscis website :D..I think the I485 will be sent to your local office and you will be called for an AOS interview

I-485's are only filled directly to the Judge when you are in removal proceedings(you will not have to do that as you lawyer will be moving to have USCIS adjudicate the application)


No the local office gets the ORIGINAL.Your lawyer will make sure the original is in A file which is then sent to the local office by the DHS attorney.I-485 copies are only sent to Texas because 1.The immigration court do not receive payments and 2.It shows proof that you paid the application fee and biometrics fee

BIA,you don't have to woory about that that's if you case is denied in immigration court then it goes to BIA (Board of Immigration Appeals).That was just in there on the website.

Cman, I am pretty sure my lawyer said my I485 will be sent to Chicago(which is not my local offce) along with the medical and biographic info. He said my case was admin. closed by the judge and sent back to immigration and will have to AOS with immigration. When I asked him if her proceeding was termed he said no, it was admin. closed which meant that he had to do one more thing after my wife gets her G.C which is to terminate proceedings? That's what he said. Does this make sense to you? I am still confused.

[jveli]

It is the butt crack of dawn and we need to catch a train to Boston for our Individual hearing because the government's attorney filed a motion against my husband.

This will be our first time taking the train since gas and parking is so expensive now. The whole day is going to be a pain because the Celtics won and today is the damn parade and don't you know it the route starts right where we get off the commutor rail AnD of course they are advising all fans to take the train and not drive.

I am sooo stressed right now it is not even funny.

[Caribbeanman]

Good luck with your hearing jveli!!!!

[Caribbeanman]

Cman, I am pretty sure my lawyer said my I485 will be sent to Chicago(which is not my local offce) along with the medical and biographic info. He said my case was admin. closed by the judge and sent back to immigration and will have to AOS with immigration. When I asked him if her proceeding was termed he said no, it was admin. closed which meant that he had to do one more thing after my wife gets her G.C which is to terminate proceedings? That's what he said. Does this make sense to you? I am still confused.


Well my case was admin.closed too but it was because my I_130 was not approved so the Judge closed the case but once it was approved my lawyer recalendered the case back in court.


I guess your lawyer probably meant administratively closing the case for good and having USCIS adjudicate the application which makes sense.

[jveli]

Thanks Cman...I gave all the details in the thread with my name...long day and more exposure to the world of immigration that does not make any sense to the normal person.

[james]

thanks, I'll keep you posted. Just received biometrics letter for appt :)

[Caribbeanman]

You all are almost there!!