Procedure for Adjusting status in Immigration Court

[Caribbeanman]

Anyone know the full procedure when you are adjusting your status through immigration court,i mean like from the medical, fingerprints etc..

[JMRJ]

Based from the experience of somebody I know:

1. Your relative files Form I-130.

2. The petition is approved.

3. You file with the immigration Judge your Adjustment of Status application form ( I-485), in conjunction with, Approval Notice for I-130 Visa petition, G-325A, tax records of you and your wife, Form I-864, results of a medical examination on Form I-693, ( check with the court regarding medical and vaccination if they want this together with the filing of I-485 or after...... there's more, check with your lawyer for a complete filing documents.)

4. INS will notify you of time and date of your biometrics appointment (fingerprints). You will need to pay a fee for your fingerprints.

5.The court will notify you of the next court hearing for the adjudication of the merits of your application. The Judge will review the application this time and if Adjustment of Status is granted, an order will be issued.

6. You will then present the Immigration Judge's Order to USCIS for the issuance of your I-551 ( Alien Registration Card).

Note that every case is unique. These guideline is just to give you an overview of an AOS while in immigration proceedings. The step by step process might be the same or a little different from this person who told me of his situation.


**Do you know that you can apply for employment authorization along with an application for AOS? Did your lawyer tell you?

Hope this will help a bit.

[Caribbeanman]

Thank you JMRJ that was helpful...yes my lawyer told me i can file for employment authorization with AOS,you know i have a friend in removal proceedings and he got his EAD card BEFORE his I-130 is approved is that possible?

[JMRJ]

You are welcome.

Well, maybe your friend's case has an EAD before and maybe he filed for renewal or extension before it expired? Maybe his case involved concurrent filing with an approved employment based petition? I don't know. There has to be other factors involved not similar to yours. Seems like you are in the right track and you have a knowledgeable lawyer. He should informed you already about the possibilities of acquiring EAD if you qualify from before. Every case is different and you'll be okay...

[Caribbeanman]

Yes he filed the I-130, I-485 and the I-765 all together....is that the reason he got it.....his case is similar to mine, (removal proceedings for overstayed visa).

[Caribbeanman]

Update- I just called him and he said his had expired so youre right. Thanks:)

[JMRJ]

:)

[klaudialaw]

Hi. I filed all of those forms for my husband and he received his EAD without any of those forms being approved. Actually, if you filed the whole package together as you explain above, you will not have an approval on I-130 but will go straight to the interview.

[Caribbeanman]

Was he in removal proceedings?

[JMRJ]

Caribbean, quick question: Do you have a pending Form I-881 Application for Suspension of Deportation or EOIR-40?

[cindy324]

I had my status adjusted by an Immigration Judge based on marriage to a USC. It went pretty much as JMRJ said , I just had to make sure I had an up to date medical and affidavit of support. Basically the judge went through all the questions on the 485 form and asked me all those questions I guess to make sure I wasn't lying on the application, checked that the medical was good, checked to make sure the financials were in order, and then he granted my application.

[Caribbeanman]

Well let me give you my story..iam married to a USC and we filed an I-130 and we are waiting on the interview letter,once that is approved then the judge will rule on my AOS application but he can't do so until we get the approval notice foe the I-130....so to answer your question i do not have anything pending.

[Caribbeanman]

Cindy, did you have to send the medical with the I-485? and when you got the I-130 approved how long after did the Judge schedule the individual hearing (the hearing to approve your adjustment of status application)

[Caribbeanman]

Oh i forgot to ask you Cindy how long did you have to wait to get an interview for your I-130 approval?

[JMRJ]

any form that you filed on the court for your removal proceedings?

[Caribbeanman]

No...i wasnt told anything about that by my lawyer.

[Caribbeanman]

If you are talking about what form of relief i have to maybe terminate the proceedings it is AOS if is that you meant.

[Caribbeanman]

JMRJ i think you are refering to Cancelation of Removal for a non-immigrant...that's not the form of relief am applying for.

[JMRJ]

Form I-881, Application for Suspension of Deportation, or EOIR- 40? Ok, the reason I ask is because you can apply for EAD if you have it.

[Caribbeanman]

Oh ok...well i'll just have to wait till that I-130 is approved before getting the EAD

[JMRJ]

yeah, oh well at the meantime, you are on a vacation leave.

[Caribbeanman]

yeah but am getting tired of being on a long vacation....:D

[JMRJ]

:D My husband too. Only he's in Mexico.

[questions]

Hi, I'm new here and going through this process as well. I was wondering if anyone could answer a few questions.



Here's summary of our experience so far of what I have been through.

We got married after removal proceedings had already begun on my wife, is it still possible for her to adjust?


Is hardship a requirement for cancellation of removal proceedings? Our lawyer has not has us prepare anything like a hardship letter. Is this somethign we should be looking into?


We filed an I-601 but it was later than we would have liked. We were under the impression it was already filed. After a couple of months with no receipt that they received our I-601. I contacted the lawyer and discovered he never filed it! He was waiting on some documents from us, he had not called, wrote, or emailed us asking for them! He had forgotten about us.

After that fiasco, I would like to make sure he's doing everything he should be.

We have a I-601 already approved and are waiting for a master hearing date.

Before the hearing, I would like to know if we have to provide a hardship letter or anything like that. I've read that you have to prove extreme hardship to cancel removal proceedings. She entered here on a tourist visa 15 years ago. The lawyer said that the master hearing date was just to schedule another date to go over our case. Online I've read that people have highly recommended bringing family with them to all the hearing but the lawyer suggested not to and it was unnecessary.


Those of you who have gone through this, can you give me some insight, answers?

Thank you everyone for the information you have already provided.

[Caribbeanman]

Questions am not familiar with the process of Cancelation of removal....my form of relief is Adjusting of Status based on marriage to a USC maybe someone will post some info about your questions.

[cindy324]

Cindy, did you have to send the medical with the I-485? and when you got the I-130 approved how long after did the Judge schedule the individual hearing (the hearing to approve your adjustment of status application)


In general the medical cannot be more than 90 days old at the time of your interview, so being that we were working from an old AOS form that was filled out 2 years before, the judge asked that I do a new medical. My 130 was also approved by the time we got in front of a judge at the master hearing, so he tried to schedule his next earliest available , which was 6 months later (this is in NYC) but because my lawyer had something else scheduled already for that day, he had to push it off another 3 months, for a total of 9 months.

My case was a bit different, I'll try to make it short:

I came to US on visitor visa with my mom when I was 12. we overstayed, mom tried to apply for asylum, was denied, we stayed anyway. I was put into removal proceedings, at the age of 14, never showed up for court, and my case was administratively closed (very important , thank god I was not declared deported in absentia, would've had to do cancellation of removal, a couple of words made a huge difference inmy case)

Got married to USC, tried to go traditional AOS route, interviewing officer at interview told me that she cannot adjust my status because of the prior proceedings , case is in hands of the courts, have to apply for motion to reopen.

About a year later, got denial of my AOS in the mail, contacted a lawyer, she filed for MTR, had proceedings reinstated, asked the judge to adjust my status, which thank god he did :thumbup:

Good luck!

[questions]

My wife is in removal proceedings and has been for years now. She hasn't been ordered to leave yet. Is this considered adjustment of status or cancellation of removal?

Cancellation of removal requires you prove extreme hardship and adjustment does not.

I'm really nervous now and for my lawyer's sake, it better be an adjustment of status.


Anyone else tried to adjust while removal proceeding were going on? Is that adjustment or cancellation?

[cindy324]

We have a I-601 already approved and are waiting for a master hearing date.


Do you mean you have one prepared, rather than approved? You'll need a heck of a lot more than a hardship letter (which is supposed to accompany the form 601 with lots of evidence) IF in fact you have to do Cancellation of Removal. Did your lawyer tell you that's what you're doing? Because if it is , you'll need someone VERY experienced in this kind of proceedings. With Cancellation of removal you have a very high level of hardship that you have to prove, even higher than with an I-601, and the rates of approval are extremely low, the bar is almost impossible to reach.

You mentioned that you married your wife while in proceedings? So that means she hasn't been ordered deported yet, but is still in the middle of the whole process?? IF that is so, than Cancellation would not apply IIRC, rather you'd be asking the judge to adjust her status based on her marriage to you, as she now has relief available to her. That's what happened to me, I was in proceedings when we asked the judge to adjust my status, only difference is that I didn't marry my husband while in proceedings (well, not knowingly anyway)

Before the hearing, I would like to know if we have to provide a hardship letter or anything like that. I've read that you have to prove extreme hardship to cancel removal proceedings. She entered here on a tourist visa 15 years ago. The lawyer said that the master hearing date was just to schedule another date to go over our case. Online I've read that people have highly recommended bringing family with them to all the hearing but the lawyer suggested not to and it was unnecessary.

Cancellation of removal is just THAT. Cancelling a removal order that has already been issued. You can't cancel proceedings, you can only change the outcome. THIS is very important for you to clear up with a COMPETENT AND EXPERIENCED lawyer. And yes, I agree that it's always helpful to bring family and friends , or at least signed affidavits vouching for your relationship.

Please get a good lawyer. Frankly it worries me that your lawyer is so blase about Cancellation of Removal. Even my lawyer was extremely relieved that we didn't have to do that, she said it's extremely hard to win .

[cindy324]

I see you posted while I was typing :)

Hope I answered your questions, let me know if you need anymore help.

[questions]

Thank you so much for your help!

[Caribbeanman]

Questions there are many "forms of relief" that you can be eligible for e.g Cancelation of removal for permanent residents,Cancelation of removal for non-immigrant,Adjustment of status through marriage to a USC, asslyum.So you have to know which form of relief you are eligible for.

[questions]

I just wanted to clarify my earlier post. My wife just explained to me that we had an I-130 that was approved not an I-601. We are now waiting for the immigration court to give a date for her hearing to adjust.

I am sorry for the confusion.
I didn't know anything about immigration until I met my wife and now it seems I have to know just as much as my lawyer to make sure he isn't neglecting our case anymore. Makes me wonder why I'm paying him.

Thank you for putting up with my ignorance. :shy:

[questions]

Thank You for your help everyone and I would like to share our experience since we seem to be further along than some. We have a lawyer and I'm new to the whole immigration process so it may not be complete.

Work Authorization : Her card comes in like clockwork every spring so we didn't have to worry about that, the lawyer takes care of it. You should have no problems obtaining them if you are in removal proceedings.

The I-130
The date of our I-130 filing is unknown as the lawyer forgot about it for a couple of months. But it didn't take too long for us to get an interview date.

We had a fraud interview for our I-130 which is common for adjustment while in removal proceedings but came as a surprise as our lawyer had not warned us about it. This is when they interview you separately.There isn't much to it, but I was just surprised when they separated us. I thought they were going to take her away. So be warned if you aren't at this point and don't worry if it happens to you. They told us we were approved right after the interview so we didn't have to wait or anything.


Right now we are waiting for a master hearing which I'm told by our lawyer is just a way for them to schedule our actual hearing to give permission to adjust.

If anyone is interested, I will tell you the time line when we know more.

[questions]

Carribbeanman, don't you have to get your fingerprints done every year anyways? My wife gets a notice in the mail every year and does it during her lunch hour.

We haven't done her medical yet. Our lawyer said to do it when we got a date for our master hearing. He warned us that Insurance doesn't cover it and it is somewhat costly so not to do it too ahead of time, otherwise you may need to do it again.

Hope this helps.

[Caribbeanman]

That's ok questions we are all here to learn so dont worry....well we are waiting on that letter for the interview,we have alot of evidence and even if they interview us seperately it's ok this marriage is real....about the fingerprints did she have a work permit before all this? if so that's why she has to do the fingerprints i think (i could be wrong on that fingerprint part).So what are some of the questions they ask you and your wife?

[questions]

Looks like I've misled you again. My wife says that we did not have a fraud interview. We just had a stokes interview. Our whole interview took less than an hour even though we were interviewed separately. I guess fraud interviews take hours. So maybe our lawyer was right after all.

As long as my wife as been in removal proceedings she has had no trouble getting work authorization. She did get her notice to be fingerprinted a couple of months before her work authorization card came in.

Has your already expired?

I remember the lawyer saying you have to submit them at a certain time or they ignore your request if its too early or send them after your current one has already expired if you send it too late. I'll ask him next we see him when he usually sends in the request.

[questions]

Our interview was not a fraud interview but it was separate.

We were not prepared for it which really made me mad. What are we paying the lawyer for anyways? It doesn't matter though, they know that husbands and wives don't remember every last detail because they approved us that day.

It was mostly about our family. Go over random things like how old your siblings and nephews are. Honestly, unless it's around their birthday, what man knows? I couldn't remember how old my nephew was or how old my sister was exactly. :shy:Then I forgot some things about her family as well. The questions are biased against men in general. So make sure you know useless things such as what grade your little sister is going into. The interviewer probably thought I was a bad brother because my wife knew more about my family than I did

Other than that, just where family lived, when the last time we visited them, where we met, pets, what we did over the weekend, our address, were we worked,our last vacation, our wedding. Just really random things.

That was our interview and it wasn't that long. They can ask you any questions they want so it helps if you go over things with your spouse. Especially about family members you aren't close to or see very often.

[Caribbeanman]

OK a stokes interview is what you get when they suspect fraud now that doesnt necessarily means that the marriage is a fraud but obviously yours wasnt.I never had a work permit so am not familiar with all the fingerprinting stuff, maybe as i said before that your wife probably had one a long time ago and she had to renew it hence the reason for the fingerprints.

[Caribbeanman]

Oh i forgot thanks for the info on the questions at your interview..:)

[questions]

I'm pretty sure you will get either an interview like ours or a fraud interview. Almost everyone in removal proceedings gets these.
If you're really married most people don't have any problem getting approved but I've heard of couples that have been married for years having trouble. Our marriage is real yet we had trouble because I didn't remember ages and birthdays of my siblings. So prepare and don't take any risks.

I don't mean to scare you and keep in mind even with my lack of knowledge on family questions we were approved that very day.

[Caribbeanman]

Ok thanks for the heads up on the interview and if there is any question i can answer for you feel free to ask just post it even if am not online i'll get it....:)

[JMRJ]

Hi, questions, welcome. Glad you found this site, you will learn a lot. I will share with you the basics of what I learned from experience and research and I will based it on what you've described. It's not fully inclusive, and it's not legal advice okay? I don't know the facts of your case and we are just discussing things so, please somebody correct if there are errors on what I'm writing.

1.Your wife was placed on removal proceedings because of her expired visa.

2.You married her and applied I-130 for her while she was on the removal proceedings, thus the purpose of 'that' interview. Immigration just want to make sure that your marriage is not fraudulent and they wanted proof from you that the marriage is bona fide before they gave you the approved I-130 petition. It was not an adjustment of status interview.

3. Your wife is going to a Master Calendar Hearing. The purpose of this hearing is the court just want to prove and explain to your wife about the nature of the proceedings, the alleged immigration violation (unlawful presence right?) and the privileged of being represented by an attorney at no expense to the government. It will not necessarily follow that she will be deported. She will be offered forms of relief from deportation available to her.

4. Then, afterwards, the court will schedule another hearing called Individual Hearing . This is the time when you will find out what type of relief she will be eligible. Cancellation of Removal or AOS?

5. You are confused about Cancellation of Removal and Adjustment of Status.

These are the eligibility criterias:
CANCELLATION OF REMOVAL FOR NON-PERMANENT RESIDENTS

INA §240A(b) allows the Attorney General (usually an Immigration Judge or the Board of Immigration Appeals) to cancel the removal of a non-permanent resident from the U.S. who:

Has been physically present in the U.S. for a continuous period of ten years prior to the institution of removal proceedings. (This requirement is not applicable to persons who have served a minimum of 24 months in the U.S. Armed Forces, was present in the U.S. during his enlistment or induction, and is either serving honorably or has received an honorable discharge.) "Continuous" means that the person can not be out of the U.S. for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period.
Has been a person of good moral character for ten years;
Is not inadmissible under §212(a)(2) or (3) (criminal and security grounds) or deportable under §237(a)(1)(G) (marriage fraud), (2) (criminal grounds), (3) (failure to register and falsification of documents) or (4) (security and related grouds).
Whose removal would result in exceptional and extremely unusual hardship to his/her spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.ADJUSTMENT OF STATUS

A deportable alien who is the parent, spouse, widow or child of a U.S. citizen may be eligible to apply to the Judge to adjust his status to that of a lawful permanent resident. They must otherwise qualify for adjustment of status meeting the good moral character conditions, meaning that they have no significant criminal convictions that could bar them from getting the Green Card.

Based from what you've described, she is more likely to benefit from AOS. She entered with a visa. Plus the fact that she has already an approved I-130 petition. Until then you will prepare for this and gather all the required documentations. I strongly suggest that you walk into the courtroom accompanied by the most experienced and knowledgeable attorney that you can find.

You don't seem to have a good communication with your lawyer right now. That can have possible negative consequences down the road.


Goodluck! I'll be more than happy if my post helps a little bit.

[Caribbeanman]

JMRJ good job !!!..but i wanna correct a couple of things that i think is right
1.An individual hearing or merits hearing is the hearing when the Judge actually adjudicates on decision to give the individual the green card that's when he looks at all the supporting documents etc

2 Adjustment of status
They can have a criminal conviction BUT there must be a waiver for that conviction as to not to make them ineligible for a green card.


Good info JMRJ...:)

[JMRJ]

JMRJ good job !!!..but i wanna correct a couple of things that i think is right
1.An individual hearing or merits hearing is the hearing when the Judge actually adjudicates on decision to give the individual the green card that's when he looks at all the supporting documents etc

2 Adjustment of status
They can have a criminal conviction BUT there must be a waiver for that conviction as to not to make them ineligible for a green card.


Good info JMRJ...:)
Thank you, C.

1. ...and when the merits of the case are discussed . In most cases, the immigration judge issues an oral decision at the conclusion of the individual hearing.
2. what I meant on significant criminal convictions are for ex, CIMT, etc.

Oh, I like this discussion, because we are not lawyers over here and I like it when somebody corrects me so I can't get away with my errors. That's how we learn! :thumbup:

[Caribbeanman]

Yep that's good that we can all learn from each other...:D

[Caribbeanman]

Does anyone know about waiving your appearance to court....i mean applying for a waiver from the judge?

[Daniel Green]

Does anyone know about waiving your appearance to court....i mean applying for a waiver from the judge?

You or your representative can make the request orally or file and serve a motion to waive your presence at the next hearing, according to the regulations and the immigration court's local rules (and sometimes individual judges have their own rules on top of the local rules.)

Until the judge grants the motion, you must assume and prepare to be at your next hearing.

[Caribbeanman]

Hi Daniel, i already had that taken care of and not only did they waived the appearance they "admistratively close" the case reason being a pending I-130..:thumbup:

When the I-130 is approved by the local office my lawyer will then file a motion to recalendar and then Judge will move on to the indivdual hearing for my green card/adjustment of status.

[mike_2007]

hey carribbeanman how r u lol...so ur all over the web ha?lol ..good to c u in here ..this is me mike

[Caribbeanman]

LOL..yeah good to see you here too!!!

[Daniel Green]

JMRJ good job !!!..but i wanna correct a couple of things that i think is right
1.An individual hearing or merits hearing is the hearing when the Judge actually adjudicates on decision to give the individual the green card that's when he looks at all the supporting documents etc)


If a respondent files an application for relief that he/she is categorically ineligible (for example filing for aos if an EWI and without 245(i), or if there are unwaivable grounds that bar aos, or filing for cancellation of removal without ten years presence in the U.S.), the judge may pretermit (dismiss) an application for relief at a master hearing.

If you make a prima facie case for a form of relief, you go to the individual hearing on all applications that haven't been pretermitted.

[Caribbeanman]

Daniel,how long after do you get to go to do your fingerprints and medical after the I-130 is approved and the Judge recalendar the case?

[Daniel Green]

That depends on the local I.C.E. and USCIS office. In NYC and Newark NJ, to get fingerprinted you need an order form (called a buckslip, don't ask me why it's called, that, or maybe you can tell me why.), from the I.C.E trial attorney (aka Chief Counsel).

Find out the usual turnaround time for fingerprints in your area (the I.C.E. chief counsel would know that), and find out the turnaround time for the doctor you are using. Then ask your lawyer to file the motion to recalendar and request a date at which the fingerprints and medical exam should be ready. If somehow the fingerprints get held up, your lawyer should make a motion to continue the hearing until the extra time frame elapses.

[Caribbeanman]

Ok so after my I-130 gets approved and my lawyer files a motion to recalendar the Judge the looks at the paper from the Local office stating that my I-130 is approved?..and what happens next does he set a date for my Indivdual hearing?.during that time i wait for a letter fron USCIS staing where and when i should goto do my Biometerics?...Thanks for the info.

[Daniel Green]

My insights are NYC and Newark NJ specific, which may not apply to you, but if you get a buckslip for fingerprinting, DHS at the fingeprinting asc will stamp the buckslip. Your lawyer and you have to determine the turnaround time for fingerprinting processing and getting the medicals done.

When the IJ hears the recalendered case, he/she will usually terminate proceedings and remand your case to the aos people in your local USCIS district. Some immigration judges get pleasure out of adjudicating an I-485 personally, usually because they want the satisfaction to grant lpr status since they spend most of their time ordering people removed.

Your lawyer should either have a sense or send out feelers to see how the ij adjudicates I-485's. An ij can ask for three years of your peititoner's tax returns, or for every year that you have been present in the U.S. (And your case can get denied if you haven't properly reported income- residency is a discretionary grant and tax history can have an impact on it.)

There are a couple of judges in NYC for example with whom I would beg to adjudicate an I-485 because they are so generous. Others are horrible.

When your case goes back to the aos section at USCIS, you will be getting the luck of the draw of one of many District Adjudication Officers. (DAO's).

-Dan

[Caribbeanman]

Ok thank you,my laywer did decide to let the Judge adjudicate the I485 seeing that he has a good relationship with him.

[cindy324]

When the IJ hears the recalendered case, he/she will usually terminate proceedings and remand your case to the aos people in your local USCIS district. Some immigration judges get pleasure out of adjudicating an I-485 personally, usually because they want the satisfaction to grant lpr status since they spend most of their time ordering people removed.

I had my I-485 adjudicated by the IJ in NYC. At the end of the proceedings he announced that my application for AOS is hereby granted, and he is ordering USCIS to further process my greencard. We waited a bit of time before heading down to section 245 (the unit that processes your green card and stamps your passport) to make sure that the judge's order has made it into their system. When I went down there, they stamped my passport, and gave me an appointment letter for a new set of fingerprints which was going to be used for card production. One week after fingerprints I received my green card in the mail.

An ij can ask for three years of your peititoner's tax returns,

yup, he asked for the last 3 years of returns.

There are a couple of judges in NYC for example with whom I would beg to adjudicate an I-485 because they are so generous. Others are horrible.

I had Judge Paul Defonzo. My lawyer said that although he's tough, he's also very fair. Did you have any experience with him? Frankly , in MY book, he could do no wrong:thumbup:

[Daniel Green]

had Judge Paul Defonzo. My lawyer said that although he's tough, he's also very fair. Did you have any experience with him? Frankly , in MY book, he could do no wrong

I'm presently trying a case with him, an asylum remand from the BIA.

It looks like he will grant the case once my client's prints clear, and the I.C.E attorney is willing to go along with it like he was at the last hearing. So he certainly would get a thumbs up from me. I'm crossing my fingers in any case; it isn't over until I have the ij's order in hand.

[Caribbeanman]

Cindy so he asked for YOUR petitioner's tax returns and not yours right?

[Caribbeanman]

Daniel, just came back from the local office and they told me my file is "in transit" and to check back in two and a half weeks to see if it's there and they will then set up the interview if it's there....she told me that there is someone in the local office that deals ONLY with I-130 interviews for people in removal proceedings now does that sound familiar to you?

[Daniel Green]

Daniel, just came back from the local office and they told me my file is "in transit" and to check back in two and a half weeks to see if it's there and they will then set up the interview if it's there....she told me that there is someone in the local office that deals ONLY with I-130 interviews for people in removal proceedings now does that sound familiar to you?

I don't know the name/number offhand...you should ask your lawyer to make an inquiry.

-Dan

[Caribbeanman]

Yeah i'll inform him but i just wanted to know if this was the "norm" with the local offices (i mean the part where there is someone that deals with I-130's for people in removal proceedings).

[Daniel Green]

I haven't had a Stokes case where I've had to contact someone in USCIS who is a point of contact for such cases. If you do get a name, feel free to share.

-Dan

[Caribbeanman]

Ok will certainly let you know...not sure MY case is a stokes though seeing that my friend who was in detention with me had the same case as myself and he just had his interview and they interviewed him and his wife together.

[cindy324]

Cindy so he asked for YOUR petitioner's tax returns and not yours right?

yes, well since I wasn't working (I'm a stay at home mom) nor was I supposed to be working since I had no work authorization:shy: we can only show my husband's return which of course claims me as a dependent.

It looks like he will grant the case once my client's prints clear, and the I.C.E attorney is willing to go along with it like he was at the last hearing. So he certainly would get a thumbs up from me. I'm crossing my fingers in any case; it isn't over until I have the ij's order in hand.

Well according to this website I found , Judge DeFonzo has a 63% grant rate when it comes to asylum cases. That's not bad at all. Good luck with that, I really feel for people in these situations. My lawyer told me of a case she had, so sad, the judge granted a woman PR, but the USCIS attorney disagreed because of a felony the woman committed like 20 years before. He immediately appealed the judge's decision, and the BIA sided with USCIS, revoking the judge's decision, ordering the woman deported.

Thank god I had a nice USCIS attorney who had no intention of blocking my AOS. She even gave up the right to appeal.

[Caribbeanman]

The DHS attorneys in my case are pretty nice too she didnt object to the Judge adminstratively closing the case and my lawyer even went to school with her,sometimes we don't always get her but all the others are nice too....were you in removal proceedings for an overstayed visa too?

[cindy324]

were you in removal proceedings for an overstayed visa too?

Yes, but I came here as a kid, overstayed with my mom, she tried to apply for asylum, we were denied, were given voluntary departure. We never left, and I had no idea that I was supposed to show up for proceedings in Immigration court when I was 15. Because I didn't show, my case was administratively closed, and when I tried to apply for AOS through my USC husband it all came out, and I was told that I cannot adjust , we have to file a motion to reopen with the court and take it from there.

[Caribbeanman]

Oh ok..well am happy for you now that everthing is over..:)

[adrej2002]

hi every body
i applied for adjustment by mariage to my wife she is USC
before my lawyer send my paper the immigration come home and put me with IJ ,the same time my lwayer sent to missouri center my application , all of the proceeded and had finger print but because i am with the immigration judge ,the green vard application and employement application had been closed. only the I130 still pending ,after 4 hearing with the judge ,my i130 hadnt been aproved or transfered to nyc usc office, the judge decide to ADMINISTRATIVE CLOSE the case ,after a while i heard from the immigration that my file had been transfered to nyc office, the results is scheduled for a STOKES INTERVIEW,in 1 year recieved the letter on july 07 the interviw will be july 08 ,any way at least got something but my questions are :
do i have right to apply for employement ataurization?
if yeas does any body tell me how to apply ?and whre to send the application ?
i will apreciate any help and i will be thank much to you guys

[cindy324]

Hmm...I'm not sure how that works , but your lawyer should be able to guide you as to employment authorization. Or maybe make an info pass appointment, and ask them what you should do. sorry I couldn't be of any help, but all I can tell you is when my AOS application was denied , they also revoked my work authorization. I think your lawyer should've asked the judge for work authorization at your first hearing.

[Daniel Green]

Hmm...I'm not sure how that works , but your lawyer should be able to guide you as to employment authorization. Or maybe make an info pass appointment, and ask them what you should do. sorry I couldn't be of any help, but all I can tell you is when my AOS application was denied , they also revoked my work authorization. I think your lawyer should've asked the judge for work authorization at your first hearing.

With a Stokes case I am handling now, I did ask the I.C.E. attorney if we could go ahead and file an I-485 with the appropriate service center, and she said no. Since adjustment of status is a discretionary matter and I didn't want the I.C.E. attorney (or Judge DeFonzo at the NYC EOIR) not get ticked off, I advised my client to hold off on filing her I-485 until the I-130 gets approved at the interview she's having in March.

Well according to this website I found , Judge DeFonzo has a 63% grant rate when it comes to asylum cases

You're right. I must have read then wrong column on the website I consulted a while back (http://trac.syr.edu/immigration/reports/160/include/judge_0005_name-r.html).

-Dan

[dianna832]

Hey guys!!:wink: I'm new here. I hope that I can find helpful advice on my case.

A briefing of our case- My back then fiance (now husband) was detained by ICE in June of 07. The charges on the NTA did not make him deportable so they terminated those proceedings.

The thing is that DHS took the evidence used in the first proceedings to refile the NTA now charging that he was an overstay. He was released on bond in August. A couple days later after his release we got married. :p

He originally entered the US with a tourist visa in 2002 when he was underage and overstayed up til this date. We've just received a letter from DHS scheduling a MASTER CALENDAR hearing in March of 2008.

According to our Lawyer, we will be applying for the AOS relief. One of the things that really has me worried is that my husband has various arrest. One for Driving with no License, and the other was for theft <$500. But we have our hopes up and are expecting to be able to travel together out of the states soon !! :)

Please keep posting up your experiences in the courts...It helps a lot to learn and confort those that are barely beginning the process...

- Dianna :btfly:

[cindy324]

Well according to this website I found , Judge DeFonzo has a 63% grant rate when it comes to asylum cases
You're right. I must have read then wrong column on the website I consulted a while back (http://trac.syr.edu/immigration/repo...05_name-r.html).

Oops:blush: don't know how I came to that conclusion...guess it could've been worse..you could've ended up with the judge who has the 93% denial rate

[james]

Hey guys... just wanted to ask a few q. regarding JMTR court cases. My MTR was granted in Nov. but I still haven't heard anything from INS regarding Master hearing date yet, so I call my lawyer and he tells me he is preparing to file i485 along with my tax returns and that we wont get the date from INS until we file them. From reading alot of ur posts, I thought filing i485 comes after the master hearing? is it possible to go straight to merits hearing and skip the masters hearing? and how long did INS take to give u guys master hearing date? thank you guys in advance.

[Caribbeanman]

Dianna is any of his arrest felonies?

[Caribbeanman]

James i think when youre in immigration court you have to have an approved I-130 before you can file the I-485 cuz you gotta show proof of an approved I-130 when sending in the I-485.

[Caribbeanman]

Daniel,am still working on a name/number for you..:D

[Daniel Green]

dianna832 and James I'll respond to your questions later today.

-Dan

[Daniel Green]

He originally entered the US with a tourist visa in 2002 when he was underage and overstayed up til this date. We've just received a letter from DHS scheduling a MASTER CALENDAR hearing in March of 2008.

Did your husband know you before he arrived as a tourist? Were you dating at the time? When did your relationship begin?


According to our Lawyer, we will be applying for the AOS relief.


If your husband is an overstay one form of possible relief is aos, although he may be eligible for other forms of relief.


One of the things that really has me worried is that my husband has various arrest. One for Driving with no License, and the other was for theft <$500.

A couple of arrests aren’t usually the problem; convictions are. Assuming that your husband was convicted on the grounds you discuss above it looks like he might have a crime of moral turpitude conviction regarding the theft, and would then need a 212(h) waiver. As for driving without a license, may or may not be a crime involving moral turpitude; that would depend on the record of conviction (which is the disposition, a commitment notice if you husband was incarcerated, and a transcript of the hearing where he plead guilty to the theft crime, assuming that he did not plead innocent.)


But we have our hopes up and are expecting to be able to travel together out of the states soon !! :)


If your husband leaves the us, he will get the ten year bar due to his overstay. If he has a conviction for a crime involving moral turpitude, he would then have to file a waiver from overseas if he would want to return to the U.S. any time up to the fifteenth anniversary after his conviction. Your husband would have more appellate rights with regard to the adjudication of the waiver if he remains in the U.S.- if he is proceedings, an immigration judge will adjudicate his wavier, and if he gets a good judge, that makes all the difference.



Hey guys... just wanted to ask a few q. regarding JMTR court cases. My MTR was granted in Nov. but I still haven't heard anything from INS regarding Master hearing date yet, so I call my lawyer and he tells me he is preparing to file i485 along with my tax returns and that we wont get the date from INS until we file them. From reading alot of ur posts, I thought filing i485 comes after the master hearing?

I am assuming JMTR means joint motion to reopen. If ICE joined in the motion, which it appears to have done, you are very very lucky. Or I.C.E. may be asking your lawyer to send them an I-485 pending its decision to join. As a general rule, you file your applications for relief with a motion to reopen, because the immigration court won’t reopen the case unless you appear eligible for some sort of relief or you haven’t received proper notice of prior hearings. (But even in the latter scenario, if you are not eligible for relief, the court would reopen and then order you removed again- I've never tried this as it doesn't help out a client in the great majority of cases.)

is it possible to go straight to merits hearing and skip the masters hearing?

No.

and how long did INS take to give u guys master hearing date?

My experience is a matter of weeks to 3 months or so from the order reopening the case.

[dianna832]

Dianna is any of his arrest felonies?

Caribbeanman... no, none of them are felonies...

Ty for responding :)

[dianna832]

Hi DAN!!
Did your husband know you before he arrived as a tourist? Were you dating at the time? When did your relationship begin?

We met 2yrs after he arrived as a tourist. We were dating almost two years before all this happened. I only have a couple of pictures to document this and phone bills were we called each other... we weren't expecting this to happen so we didn't keep much.


crime of moral turpitude conviction regarding the theft, and would then need a 212(h) waiver.
Omg, so is this waiver difficult to get? Does this include a hardship waiver? I guess I should research this asap.


Thank you Dan for all of this good information. I am praying for us to get a good judge!!!

[dianna832]

Does this include a hardship waiver?

*Oops! I meant a "hardship letter" not waiver.:blush:

[Daniel Green]

Hi DAN!!

We met 2yrs after he arrived as a tourist. We were dating almost two years before all this happened.

Do you mean you started dating two years after your husband entered as a tourist, then you started dating, and continued to date for two years after that, making it four years since your husband entered the U.S. (You could add a timeline to your signature, that could help others help you.)

Omg, so is this waiver difficult to get?

You will have to show that you (and your children if you have them) will suffer extreme hardship if your husband is deported. Most of the posters in this forum are filing waivers and have alot of insight into what consitutes an extreme hardship to a USC relative. What consitutes extreme hardship is a complicated concept and is very dependent on the facts in your family's situation and (sometimes) conditions in your husband's home country.

With a 212(h) waiver you also have to show that there are positive factors in your husband's life such that the waiver could be approved, in addition to making a showing of extreme hardship.

In the event that your husband was not advised of the immigration consequences of his having plead guilty to the theft offense (assuming he took a plea), he may (vacating convictions is not my practice area) have an argument with which he can try to vacate (erase) his criminal conviction.

-Dan
-Dan

[dianna832]

Well he entered in 2002, so its been about 5 years and 6 months. <<<I have added a timeline in my sig.

i will be analyzing the waiver examples from other members... I will be asking our lawyer about this in our next conference...

Thanks Dan! :)

[james]

Thanks carribeanman and daniel for ur replies. I'm sure u guys understand the anxiety i'm feeling right now. Dan, my lawyer received an official letter from INS lawyer with their intent to join in the motion to reopen my wife's case in Nov. Therefore I thought we would receive the notice to appear for master hearing soon without having to submit anything else but my lawyer tells me we need to submit I485 and my financial infos/tax returns before we would get the court date?. In terms of I130, it's been over a yr since the file was transferred back to the local offices(according to their website) but haven't heard anything yet. and since it involves possible removal proceedings and from reading other posts about going to the interview and getting arrested, I think it might be a blessing in disguise that it's still pending before we see the IJ. Thanks again for ur support

[Caribbeanman]

James do not check the USCIS website because your case has been transfered to a local office (i went through the exact situation)..that website is for those cases that are still at the service centers you will have to make an infopass at your local office and go find out about your case...any case that is sent for a standard interview at a local office is not updated on USCIS' website you'll have to go to the local office and get info about that case....my friend's case was transfered to the local office for an interview and long after he got the interview and I-130 approved the website STILL says "case transfered to local office for standard interview" so don't go by what the website says.

[questions]

What can we expect at the adjustment hearing before the judge? Can some people please share their experiences? The lawyer said something about a prosecutor. From what Cindy said she just went in front of a judge and showed them the paperwork and the judge asked her a few questions. My wife has a clean record, not even a parking ticket, why is there a prosecutor? Is this the norm. or should we be looking into seeing if there are mistakes in her background checks?

[Daniel Green]

Therefore I thought we would receive the notice to appear for master hearing soon without having to submit anything else but my lawyer tells me we need to submit I485 and my financial infos/tax returns before we would get the court date?.

Your lawyer is doing the right thing; when you walk into court the immigration judge will say something like 'ok where are we going here'. If you don't have an I-485 that could piss off the judge. He/she could say something like 'You mean that you moved to reopen this case and you don't have any applications for relief?!Mr/Mrs. Lawyer, why are you wasting our time without filing applications for relief! How unprofessional!'

You and your lawyer don't want to be in that situation. Prepare as much of the I-485 as possible.

and since it involves possible removal proceedings and from reading other posts about going to the interview and getting arrested, I think it might be a blessing in disguise that it's still pending before we see the IJ. Thanks again for ur support

If you are not in detention now, they won't arrest you at your I-130 interview, unless you get arrested on some type of criminal charges between now and then. (That scenario- bond granted, client arrested, bond revoked, is happening to one of my clients at the moment.

What can we expect at the adjustment hearing before the judge?

If it looks like you qualify for aos, the judge will either set a date to adjudicate the 485, or, provided ICE agrees to it, the judge will terminate the case and remand it to USCIS and you would head to your interview like any other residency case.

If the judge adjudicates your 485, she will set a date by which all original documents are due, and then a date where she will do the adjudicating. If everything lines up well for you, the judge will ask your lawyer to waive direct examination. (a good sign). I.C.E. will cross examine you. If you have a run of the mill case, I.C.E. may ask you a couple of questions like 'do you have a criminal record?, and Have you ever been addicted to alcohol'. Then as a general rule the judge will approve or deny the I-485.

My wife has a clean record, not even a parking ticket, why is there a prosecutor?

I.C.E. has a trial attorney (who performs the role of prosecutor on behalf of I.C.E.) in every case, so yes it is the norm. The I.C.E. attorney's purpose is to see that the immigration laws are being strictly enforced, no matter how clean a respondent's record is. If she is inadmissible or deportable, I.C.E.'s job is to make sure that the IJ has all the information about inadmissibility or deport ability.

IMPORTANT NOTE!
In residency cases with USCIS, all the beneficiary/applicant usually needs to show financially is whether she is working, what her job is, and what her pay is. When you have an adjustment case before an immigration judge, she can ask you prove that you have reported your income for every year you have been in the U.S. or have made money in the U.S. It's probably a good idea to either show that you have filed tax returns, or file retroactively so you can show the judge that you are owning up your part of the tax burden.

And double check what I've written with your lawyer, don't rely on this post to make important decisions about your case.

-Dan

[questions]

Thanks Daniel for letting me know that, my lawyer hadn't told me that we would need her tax info. We'll get on that right away!

[questions]

If it looks like you qualify for aos, the judge will either set a date to adjudicate the 485, or, provided ICE agrees to it, the judge will terminate the case and remand it to USCIS and you would head to your interview like any other residency case.

Let me see if I understand. At the master hearing the judge may choose to cancel proceedings and refer her to USCIS and let them adjust my wife there OR just do it at the individual hearing?

Background info: We are in a similar case such as Cindy's where we already have an approved I-130 before heading into a master hearing.

[Caribbeanman]

Yes i think so but the trial lawyer (I.C.E) has to agree to to do that also.

[cindy324]

Let me see if I understand. At the master hearing the judge may choose to cancel proceedings and refer her to USCIS and let them adjust my wife there OR just do it at the individual hearing?

I think I remember the judge asking my lawyer if she'd like to remand the case to somewhere else(??) for adjudication? Maybe it was USCIS...or to a different judge...anyhow, my lawyer declined and asked to have the application adjudicated by that judge. He scheduled the individual hearing, where we presented our joint tax returns from the past 3 years (no he did not ask if I had worked or filed taxes on my own, I think they assume that anytime you have an overstay they work illegally, not much they can do about it) an updated medical form, fingerprints were already in my file. He then proceeded to ask me all those questions on the AOS form with the yes/no boxes .

[Caribbeanman]

Exactly what i thought..my lawyer told me that they would not ask the beneficiary for filed taxes for last 3 years.....but i guess maybe the Judges sometimes do in NYC, NJ sometimes.

[questions]

What is the difference between the two routes. Does one take longer or is more costly? Why did you lawyer pick adjustment by the judge versus USCIS which I would assume would be faster.

[Caribbeanman]

Questions,i know youre asking Cindy this question but just to answer this too...my lawyer says it's faster cuz it takes about 3 months (i've heard) for the court t tranfer the case to USCIS AND it's much better through a Judge
cuz he Judge already knows your case direcly so to speak.

[questions]

Thanks!

[questions]

We may want the longer process in our case. Our 2nd anniversary is approaching and it would be nice not to pay $1000 + lawyers fees again in a few years to have to have her conditional removed.

[questions]

Looks like it's only $500 + lawyers fees not $1000. Still a large amount though that we would rather not have to pay.

[Caribbeanman]

Ok well what ever fits your budget...:D

[questions]

I sound like such a cheapskate :bleh:
It's fine, its just that we're trying to save up for a down payment on a house right now so every thousand in fees takes us further from owning our own home.

[questions]

The fee hikes are brutal, its a means test for immigration which really puts some people at a disadvantage. I don't know how some people do it. We're lucky and are able to pay but others probably aren't. I don't think you should have to hand over thousands and thousands of dollars just to keep from being separated from you spouse. This is the wrong thread for this rant.......

[Caribbeanman]

No No i totally understand what youre talking about and i agree...you gotta do what you gotta do.

[mandee3911]

This is a very helpful thread. We are going to try to do this for my husband. He was sent to jail to do 45 days for a probation violation (misdemeanor hit and run was original charge, max days could've been 120 so it was an AF) And immigration came and talked to him, he came on a work visa, that expired. They haven't given him official papers of a detainer but online the offender search says he has one. So we are going to try and get him bailed out (hopefully it won't be too much money as I can't get a loan or bondsman, don't qualify) and our lawyer says he is eligible for AOS because his criminal record offenses aren't deportable.

[dianna832]

So Dan... is the waiver I-212 filed at the court also? Is the judge the one who approves it? Will it take long for it to be approved?

[Daniel Green]

So Dan... is the waiver I-212 filed at the court also? Is the judge the one who approves it? Will it take long for it to be approved?


Immigration judges don't decide I-212's. USCIS does. I would check Laurel Scott's website about I-212's I believe there is some information of where to file there, ie whether stateside or at consulate abroad.

[james]

thanks guys again. Carribeanman/Dan, I guess I shouldn't have been that apprehensive about I130 interview... it's just that I've read so many posts about I130 interviews going awry for people with their significant others getting detained after the interview, so I've been delaying/avoiding it until after the JMTR/court date. Carribeanman, so what happens at the infopass? Do they give u interview date right then and there? and Dan, will the court date be delayed if our I130 is still pending at the time of master hearing? thanks

[Daniel Green]

Dan, will the court date be delayed if our I130 is still pending at the time of master hearing? thanks

Your lawyer should ask for a continuance, and in all likelihood the judge will grant the request.

-Dan

[Caribbeanman]

Carribeanman, so what happens at the infopass? Do they give u interview date right then and there?




When you make an infopass it's just to find out about the status of your case..no they don't give you the interview date there they mail you a letter stating the time and date of the interview and all the documents you need to bring...

[dianna832]

Hey you guys!:wave:

We're are still waiting... I visited our lawyer yesterday. i-130 will be filed this week, they are just waiting on some info that I need to gather. When I questioned him about the master hearing. He said that since it will be the first hearing, we will be doing a telephonic hearing with the judge. That is really convenient for us so that we don't have to make extra expenses in hotels, food, gas etc...

He's going to do my husband an FBI background check on his part because he doesn't want any suprises..:innocent: does anybody know how long these will take??

[Caribbeanman]

Well from what i've been reading it could take a few months,now am not sure if this is actually true but maybe Daniel can chime in.

[Daniel Green]

Caribbeanman this thread is long; I don't know exactly what would take several months....

But here is my client's timeline:

As for a case I'm handling now, Applicant got an NTA on 03.01.07.
She got married on 03.02.07, a day before receiving her first hearing notice. Her first hearing was on 04.04.07.
We filed a bona fide marriage request on 04.19.07.
A few weeks later we got the marriage interview appointment set for March 2008. I've scrambled the dates a bit for anonymity, but it was around a year between the first hearing and the marriage interview (at NYC.)

If the I-130 is approved in March 2008, then Applicant will request either an individual hearing on her adjustment application or a remand to USCIS at her next master hearing in April 2008. She will probably have her residency interview or individual hearing before the immigration judge a few months after that. Things don't exactly work at a breakneck pace, at least in an overwhelmed district like NYC.

-Dan

[Caribbeanman]

Daniel : She's talking about her husband getting an FBI background check so that there won't be any surprises before USCIS actually does it so she just wants to know how long would it take.

[Caribbeanman]

[QUOTE=Daniel Green;97260]Caribbeanman this thread is long; I don't know exactly what would take several months....

But here is my client's timeline:

As for a case I'm handling now, Applicant got an NTA on 03.01.07.
She got married on 03.02.07, a day before receiving her first hearing notice. Her first hearing was on 04.04.07.



Isn't it a day AFTER?

[mandee3911]

So if my husband is being detained and we filed the I-130 that was just mailed yesterday (he got in custody at a local jail monday) will they postpone his hearing until there is approval of his I-130? the lawyer also requested it to be expedited seeing that there are going to be removal proceedings, what is the normal timeline for these to get approved? we are in NC

[Caribbeanman]

If it's the immigration hearing youre refering to some Judges will and some won't depends on the Judge....the time it takes to be approved could be anywhere betweem 6-9 months but could be longer with all these applications USCIS got now...i think i said this before mine is a YEAR and still not approved..waiting on interview from local office

[mandee3911]

grr, i hope our judge is nice!! Especially since he has a criminal record.

[Caribbeanman]

What is he in jail for again?

[mandee3911]

well he was in for driving while licensed revoked and midemeanor hit and run. Which the max on both were 45 days (so no 1 year possible sentence or anything) I have the lawyer evaluate his criminal record, she believes he can get bail. Then some people can't. So i'm worried about that. I don't want him to have to wait all that time.

[Caribbeanman]

So he's in Jail on those charges now right?...then he has to face immigration when he get out?

[mandee3911]

he was released to ice custody on sunday. Right now he is in a local jail that holds them until they get moved to georgia, which they told him he would be moved aroun 15 days. Then from there he'll have a hearing about after a week.

[Caribbeanman]

How many days he's got before his time is up in jail?

[mandee3911]

his jail time is up. It ended the 13th, he was moved to a local jail that holds people who have immigration detainers.

[Caribbeanman]

Well am wondering if they are gonna move him to a detention center or leave him there?...i was placed in two jails before they moved me.

[Caribbeanman]

ICE normally comes within a week to get you from the jail once there is a detainer.

[mandee3911]

here in NC, ICE has contracts with local jails to hold them beyond the 48 hours. He is at one of those jails, they told him they would move him to georgia in 10-15 days from now.

[Caribbeanman]

Ok well if they move him to a "government owned" detention center it will be alot better in terms of living conditions....man i hope he gets out soon i don't wish that one my worst enemy brings back bad memories...just keep strong mandee it will work out.

[mandee3911]

our lawyer believes, since he wants to go to court, he will be moved to Stewart Detention Center in Lumpkin, Georgia. I tried looking it up and all i saw was how bad it was. so hopefully he can get the bail and will only be there a max of 2 weeks

[Caribbeanman]

Wow i was just reading up on that place, man that's crazy...it's contracted out.

[mandee3911]

yea so hopefully since they'll hold him where he's at (in acounty jail) for almost 2 weeks, he'll get sent and get a case worker who will send his paperwork to the court within a week then we can have his bail/master calender hearing at the same time and get him out!

[Caribbeanman]

Yes that will be good....can't his lawyers do his paper work?

[mandee3911]

the lawyer told me this is how it will most likely work.
1. They sent him a form for him to sign saying that they are his lawyer
2. he will be transferred to georgia and given an ICE case worker
3. The case worker will transfer his file to the immigration court
4. The lawyer will ask to have a bail hearing the same day as the master calender hearing (which she said the judge usually grants)
5. They will schedule this within the week of receiving the request
6. He will have a hearing, where our lawyer has a lawyer in georgia appear
7. He will hopefully get bail.

[Caribbeanman]

Yes it's called a "bond redetermination hearing"..you only get ONE chance at getting bond if you request it.

[mandee3911]

yea and i'm getting family and friends to write sworn letters for him and we will probably only have a receipt notice of the I-130. But she says its better to do them on the same day instead of 2 different courts because thats more money.

[Daniel Green]

Isn't it a day AFTER?


She got married on a Saturday and received her first hearing notice on Monday, and ICE filed the NTA with the immigration court sometime during the preceding week.

[dianna832]

I'm just arriving from our lawyers office, we just sent our i-130 today!! Now I guess we just sit and wait to see how long it will take them to approve it... I hope its not much! :(

Darn.... I forgot to ask it where he was going to file it to... :shy:

[Caribbeanman]

Where do you live?....this will determine where he flies it.And yes you just wait for you NOA1(your reciept notice).

[Caribbeanman]

All I-130's go to the chicago lockbox now.

[dianna832]

All I-130's go to the chicago lockbox now.

OOh ok... I live in TN. :)

[dianna832]

How long is it taking to get a receipt nowadays?? I hope they are catching up on their backlog.. It's been a week since we sent our I-130 and I'm already running out of patience.. lol :bounce:

[Caribbeanman]

lol..a week??!!!..you got some months ahead of you

[mandee3911]

not for the NOA, i thought you got that back around 4 or so week. not true?

[Caribbeanman]

That's true but with all the backlog now it's taking months.

[dianna832]

I hope it won't take months..

I'm still here... waiting.... with nothing I can do to help expedite this process... lala

[questions]

I have a question for Cindy. After the judge approved your adjustment of status, how long until you actually got your card in the mail?

For conditional residency do you even get a card or is it a stamp in the passport? My wife's passport is going to expire soon and we've been waiting forever for her new one to come in. What happens if her new passport is not here in time?

Also will she be getting her conditional or her permanent? Our lawyer estimates our hearing will be a month or 2 before our 2 year anniversary. Do they go off the date the judge approved it or when USCIS processes the request? Will it cost yet another fee to get the permanent if we qualify for it this year?

Thanks again for all the knowledge.

[Caribbeanman]

Daniel, how effective is having your congressman involved in a case where an Afile is taking forever to be transfered to a local office for an interview?.

[Daniel Green]

I had this situation a week or two ago. Congressman's dhs liason called uscis in Buffalo, and within a uscis told her file is on its way to where it should be (at the Vermont Service Center.)

However for me seeing is believing. When I re-file my clients documents (an asylum application) I'll find out if in fact the file did make it to Vermont.

In short your spouse has nothing to lose if she calls her congressperson. Give it a try it won't hurt.

-Dan

[Caribbeanman]

Thank you for your response however i have one other question now we have a lawyer should we do this or should we inform him first before we call?

[Daniel Green]

You should run the plan to call the congressman by your lawyer so he/she knows what is going on. Keep you lawyer in the loop of whatever decisions you are making.

-Dan

[Caribbeanman]

Ok thank you for the advice again and take care.

[Daniel Green]

Ok thank you for the advice again and take care.

You can use my posts to help you get the lay of the land, but don't rely on them- run everything by your lawyer for legal advice.

[Caribbeanman]

I'll call him tomorrow because he's surpose to hear something from AILA with regards to my file because the local office says my lawyer can contact the surpervisor through AILA but they are taking to long so i'll run that idea by him as you said.

[Caribbeanman]

I'll call him tomorrow because he's surpose to hear something from AILA with regards to my file because the local office says my lawyer can contact the surpervisor through AILA but they are taking to long so i'll run that idea by him as you said.

[Caribbeanman]

My lawyer called me with good news yesterday...he received the I-130 interview letter and it's on March 11th ,finally:thumbup::bounce:

[dianna832]

YAyyy!!!! :hippy: Carribeanman I am sooooo HAppy FOr UUU!! March 11th, that's next wednesday!! Less than a week!! YAyyy... Let us know how everything goes... I want details!! lol :thumbup:

On a side note: My check was cashed yesterday for our i-130, so we should be getting our NOA1 pretty soon :)

[Caribbeanman]

Thank you dianna and i'll sure to let you know..:)

[Caribbeanman]

Sorry guys been so busy but i just wanna say that my I-130 has been approved!!!!..it was'nt a long interview the lady called my wife in first then about 20mins she called me in to join my wife after asking her questions about our marriage.She then ask me the same questions to see if they match some of them were what kind of razor do you use? where is the alarm clock located in the bedroom?how many bathrooms and toilets in the house etc..all we answered correctly,i knew my I-130 was approved before hand because she told me that i should be carful not to misplace my I-94 as i would need to show that when adjusting my status,(now why would she tell me that if he was gonna deny my case:D)after which she stamped"approved" on the I-130 application she than asked any questions and we both said no and she said good luck and we said thank you and she showed us where the exit was..:thumbup:

[mandee3911]

I am so happy you got it approved. We're stilling waiting to see if the motion for continuance is approved so we don't have to go in April. Also I lost my job about a week after he came back, still looking and its so hard. Its the worse time to not work when needing this money for the lawyer. AGH.

[Caribbeanman]

Oh my that's unfortunate but just keep looking and praying Mandee God is a loving God and he doesnt give us more than we can bear..:)

[dianna832]

hey guys!! How's it going?? Any updates??

I don't have any... we waiting :waiting::and waiting:waiting::dizzy: for either I-130 interview... or the next master hearing in oct.. uUGh! :gaah:

[Caribbeanman]

Update: Medical done and i'm collecting my "sealed" envelope tomorrow also my lawyer recalendered the case now that my I-130 is approved and we got a court date for May 8th BUT he's gonna have my appearance waived so that i'll only have to attend the final hearing for my green card.Oh copy of I-485 filed to USCIS last week so i'm waiting for receipt and boimetics letter after which my lawyer can file the ORIGINAL I-485 with the court.

[mandee3911]

dianna, when did you have a lawyer to continue the master hearing? if so did they file to continue or do you have to go to court and they continued it then?

[dianna832]

Mandee- our lawyer set up for us to have the hearing over the phone. That's like if we would have been present at the court. When we were on the phone our lawyer asked for a continuance and the judge said ok, so we are going to have another master hearing in october. I never heard of that you could file for continuance... sorry if i wasn;t any help.

[Caribbeanman]

Mandee if you go to court and the I-130 is not approved yet the lawyer can ask the Judge for a continuance which they 99.9% allow.

[mandee3911]

well i just found out today that his hearing is continued until november. Even though he hates this waiting (he wants to work) it will be better cause we don't have to pay $1000 to go to Atlanta plus gas and a hotel. So I guess they can do a file for continuance as well.

[Caribbeanman]

Ok so you mean his next hearing is in Novemeber?

[mandee3911]

yea, his court was suppose to be 4/15. but our lawyer filed a motion to continue like 3/3. And i just found out today that its continued to november 13th. which is a long ways away. but hey, its away

[Caribbeanman]

Great,that should give them enough time to call you all for the I-130 interview at the local office.

[Caribbeanman]

Ok guys i just got an email from my lawyer my May 8th appearance has been waived (Judge signed it) and he's gonna try and set my FINAL hearing date for my green card sometime in May he'll let me know the exact date:thumbup::yay2::D

[dianna832]

yayyyyyy!! so happy for you guys!! :)

[james]

hey Cman... great news!~~! man, who's your lawyer, he's the man!

[Caribbeanman]

LOL! James..he's a great lawyer in Texas if you want his name and you are in TX i can give it to you...i happen to hire him when i was detained in TX.

[Caribbeanman]

Dianna is that you in your avatar?:D

[dianna832]

yea datz me :D

[Caribbeanman]

You look just like a girl i went to school with...:D

[dianna832]

:p where did you go to school ?

[Caribbeanman]

In the Carribean Trinidad to be exact but over there we have alot of different races..:)

[Caribbeanman]

So my lawyer's office calls me and says the USCIS (Texas Service Center) just call them and the immigration officer told them that we did not send in the biometrics fee so i was like WHAT?!!!! i did send in a money order for $1,010.00 so the guy at my lawyer's office said ok that's what i thought cuz i'm looking at your file and it shows you DID send the $1,010.00 to us so he puts me on hold to talk to the immigration officer at TSC after about five minutes he comes back and says the immigraton officer apologizes to the law firm and to me (the guy at the law office told the officer that he had me on the other line so he told him to tell me sorry for the mistake) and he the officer said he just transfered to the service center after being in the deportation section.Can you believe that?!!!

[dianna832]

that is bogus!! I can imagine these are the guys that get our cases messed up!! Great thing that it got fixed!!


-I've never been to Trinidad but hey it could have been my double!! :lol:

[Caribbeanman]

LOL! yeah it could have:D

[Caribbeanman]

OK guys i just wanna update you all.

My Money Orders have been cashed!!:thumbup:

So i should be getting my receipt and my biometrics letter soon :)

[dianna832]

YAYYYYYYYYYYYYYYYYYY!!!!! YAAAYYY I'M REALLY EXCITED FOR YOUUUU!!!! YAAAY! I'm positive they are in the mail on the way to your home!! :) :yay2: :yay:

[Caribbeanman]

I knew something was taking place because the automated line kept transfering me to a representative lol

I eventually try another Moneygram number and it said it was cashed yesterday.:)

[dianna832]

:yay2:

[Caribbeanman]

Received my NOA1 and my biometrics letter today!!

Biometrics set for June 3rd :thumbup:

[jveli]

Congrats! You are getting there. I am so jealous. We are at the 6 month mark with no word on the I-130. It sits in Vermont.

[dianna832]

Yay!! Caribbeanman almost done!! :D

[dianna832]

Hey Carribeanman, question: how did you find out your I-130 was on its way to the local office... do they send a letter or anything??

[Caribbeanman]

Yes they send a "transfer notice" and if you have a lawyer he will get one too.

[jveli]

Caribbeanman-

I looked back in some of your old post it seems like it took about 6 1/2 months to have your case transferred to the local office, and about 7 1/2 months from there to get your NOA2 on the I-130.

I PRAY that we get that transfer notice soon. It has been 193 days since they received our I-130, and I just checked on line and it still says the same dang stupid dates of 02/21/08 and 02/24/08.

Well I hope that they don't screw up the mail again.

[Caribbeanman]

Jveli, do not go by what it says online beacuse your case is being transfered to a local office.You will not receive anything online about your case anymore.Service centers and local offices have different ways of processing one's application.If your case was a straight forward case (meaning not in removal proceedings) then you go by what the online updates tell you but once youre being transfered like i said to a local office then do not worry with the online updates because they will not further update your case...i know from experience.

[james]

cman, did you apply for employment auth with your I485?

[Caribbeanman]

cman, did you apply for employment auth with your I485?

No,my lawyer told me that it's not be necessary since the Green Card is granted to you right when the final hearing is held.


When it's granted at the final hearing you get an order from the Judge which you take to USCIS 2-3 days after and they will process card.The card will then be mailed to you in two weeks.

[jveli]

Jveli, do not go by what it says online beacuse your case is being transfered to a local office.You will not receive anything online about your case anymore.Service centers and local offices have different ways of processing one's application...


But won't it say online "transferred to local office" once Vermont gets done with their part? That is all I am looking for...unless I misunderstood you before, I thought I would at least get that much.

[Caribbeanman]

But won't it say online "transferred to local office" once Vermont gets done with their part? That is all I am looking for...unless I misunderstood you before, I thought I would at least get that much.

Yes,all you or your lawyer will receive is the transfer notice...i did not receive one but my lawyer did and he sent me a copy.I did see it online though after i got the copy and typed in my receipt number but that's it nothing else will be updated online because it will now be in the hands of the local office and they do not update cases online. You would need an info pass to go to the local office if you want to find out about your case.

[Caribbeanman]

Ok had my biometrics done today.

Now I'm just waiting on the Judge to get the results back from of the fingerprints and to set the final hearing for the GC.

[jveli]

Well the latest on my husbands case is, that yesterday I called our lawyer and he has heard nothing on our I-130. However, the trial attorney for the government, who had stated previously in DOJ court that my husband was not eligible for a green card application because his first marriage was fraudulent, thus making him ineligible for 245I benefits, filed a motion to pre- termit (sp?) our application. Our lawyer received the motion about a month or so ago, but didn't say anything to us because he knows how bad my husband worries and freaks out because of his past experiences with immigration. He said he did not want to cause unnecessary extra stress. He said the motion from the government was was just one page, and that even though the attorney argued my husband was not eligible for 245I, she did not mention previous marriage was a fraud or anything else for that matter, so our lawyer sent out his argument/brief, stating counsel did not mention any good reasons for the pretermit (sp?), therefore it should be crushed. He said he doesn’t think we will hear anything more on it. I am actually kinda glad that the government attorney did move forward with the motion that she threatened us with in court, so now it won't be hanging over our heads anymore.

Our lawyer also said that currently there is a lawsuit about I-130 petitions, and that when it involves someone who is in removal proceedings, they should be put on top of the HUGE pile at the service centers because these people are facing deportation, and because they have to wait immense amounts of time for their I-130 to be cleared and transferred to their local office, it is clogging up the court systems. So we will see what effect this court case has. Not that it will probably do anything to help us...our case will probably be transferred before that case ever gets resolved.

Anyways, our lawyer says it makes no sesne to call the customer service line, it doesn't move things along, but he did say that that if we do not hear back on the I-130 in the next 30 days or so he will draft a motion to the court asking for more time because we were supposed to go back in October for the next hearing in front of the judge.

I was hoping and praying this process would be all done by Thanksgiving the latest. I also wanted to travel to Puerto Rico in February 2009. My whole family is going, parents, siblings, cousins, etc. and I want to go with my husband so he can meet all of my family down there. My abuela is creeping on 94, and I thought it would be nice if she could meet my husband and see that the "black sheep" of the family, is doing good.

[james]

Wow, lots happened while I was away... Congrats Cman... getting close. Jveli, hang in there~~~

[dianna832]

Our lawyer also said that currently there is a lawsuit about I-130 petitions, and that when it involves someone who is in removal proceedings, they should be put on top of the HUGE pile at the service centers because these people are facing deportation, and because they have to wait immense amounts of time for their I-130 to be cleared and transferred to their local office, it is clogging up the court systems. So we will see what effect this court case has. Not that it will probably do anything to help us...our case will probably be transferred before that case ever gets resolved.




Wow this is some great news.... I hope other ppl don't have to wait as long as we do. Less pain...

Hang in there everybody!!

[jveli]

Our lawyer just called and said we have to be in Boston on 06/19 for an individual hearing on the government's trial attorney's motion to pretermit our I-130. The government's argument was that he is not eligible for 245I benefits because his previous marriage was fraudalent.

Our lawyer has asked for my husband to write out the dates for when he filed his previous I-130 & I-485, and anything else he can remember. Did he have an interview before. (This is not going to be fun...his memory is not good.) Our lawyer says that the government cannot say the previous marriage was fraudelent unless they deemed it so at an interview. If they deemed it fraudelent in any official way, we are screwed. My husband says that they never had an interview, that they filed the I-130 & I-485 and just never did anything, they left it that way.

What are we going to do if the judge decides to cancel everything out? If they do the only thing we have left is voluntary removal. And than what? Have our whole family relocate to the Dominican Republic? Or can he come back? And if he can will it be by filing through his consulate? How long would we be separated?

I would cry right now but I don't think I would be able to stop any time soon. I have things to do and I cannot have the puffy eyes...not right now.:bluesad:

[dianna832]

OmG!!!!!!!!!!! Jveli I'm so sorry to hear that.. if there was no interview or nada, then I think they have no proof that his previous marriage was fraudulent... don't be scared there is still hope.

However if you want to look into filing after a voluntary departure, I wouldn't have an answer but there are some ppl on here that are doing it. Nineten, corazoncita and I'm not quite sure if JMRJ but those are the ones that come in to mind.

Anwho, I wish you good luck on the 19th. I hope everything goes well. I will be praying for you and your hubby.

[jveli]

Thank you for your thoughts.

I found out some more information, and you are right, if there was no interview the government cannot deem the previous marriage fraudalent. If they sent out an appointment and they didn't go, than all they can do is deny the petition due to abandonment.

My husband says that they never received anything. That after 8 months of waiting they went down to the immigration office in New York City and they couldn't find anything about their application.

The only thing that confuses me though...is before how did my husband get a SS# and how did he get his Employment Authorization card...if they never did anything. I mean it was 1994-95 so I am sure a lot was different with the law...but still...and how did he keep getting his card renewed...the last time he got it renewed was in 2006. Immigration was behind and he filed the paperwork at the end of May and never got his new card until beginning of September 2006. Than in 2007 whatever paperwork he had on file with immigration was denied and then he got the letter in September 2007 putting him into removal proceedings and his renewal of his card was denied.

Anyways, the lawyer says that If it was only due to abandonment we have hope with the current I-130, and he said that even if the I-130 gets taken away as an option, than there is still the Cancellation of Removal, even though it is a weak case, it is still an option, AND than the voluntary removal.

But he told us to not think that way, to calm down, that he wasn't going to go there until it was time.

LOL! Easy for him to say! I am a planner. I like to make lists. I prefer knowing, to not knowing. And as far as I am concerned, and maybe I am wrong, but if they take away the I-130 we don't have a snowballs chance in hell of adjusting his status stateside, so basically that means he goes back to the D.R. and I think we can file motions and petition for him to come back through his consulate, but it is very time consuming and I would have to stay here and he would be there. And to me that doesn't seem like much of a marriage.

[dianna832]

That is weird... how did he get the EAD??

Let us know how you are holding up... I'm praying for your familly.

[adrej2002]

hi guys my stokes interview approved , but aos is lost dont know waht to do help plzz plzz
this is my story:
hi i applied for AOS my wife is USC , but meanwile i had been in proceeding, so my i 845 was administrative closed,keept the appointement with the judge ,he was waiting for the i130 to be approved, nothing happen after 4 hearings , he suggested the case to be administative closed, after 2 months , i got stokes interview letter for i 130, that was last thursday , everything was ok , the i130 had been approved ,i got the approval notice today, it says that the benificiary will be informed with it will be done with the pending applications, can anybody help me , what is the best wait for the uscis ? or recalender the case with the judge? thank you for your advice

[Daniel Green]

If the judge ordered your case to be administratively closed, you must file a motion to recalendar.

[Caribbeanman]

hi guys my stokes interview approved , but aos is lost dont know waht to do help plzz plzz
this is my story:
hi i applied for AOS my wife is USC , but meanwile i had been in proceeding, so my i 845 was administrative closed,keept the appointement with the judge ,he was waiting for the i130 to be approved, nothing happen after 4 hearings , he suggested the case to be administative closed, after 2 months , i got stokes interview letter for i 130, that was last thursday , everything was ok , the i130 had been approved ,i got the approval notice today, it says that the benificiary will be informed with it will be done with the pending applications, can anybody help me , what is the best wait for the uscis ? or recalender the case with the judge? thank you for your advice



Adrej,I went through the exact situation like what youre going through now,what my lawyer did was just as Daniel Green said he filed a motion to recalendar and got the case back in court (I think it's faster) now i have my final hearing next week Tuesday.Good luck!
Edit:
Daniel,is it true that there is no knowing if the fingerprints cleared until the actual court date?

[adrej2002]

hi
do any body know how long it takes to recalender a case with judge?
i am in nyc

[Caribbeanman]

hi
do any body know how long it takes to recalender a case with judge?
i am in nyc


The Judge usually puts the case back on the first available date i was told..mine did not take long at all,a few weeks.

[adrej2002]

thnk you Caribbeanmanfor your helpfull answers i had been reading your answers and questions more than a year.
i have a question my case is almost like yours but mine differnet alitt bit.
i applied before i went to the first hearing , i485 675 and i 130 , i did the finger print but after the finger prints there my applications didnt denied but closed (administrative closure), after standing infront of the judge for 5 hearings he close his case , now the immigration should resume thier application,
so iam really dont know what to do:nospeak::sick3:

[Caribbeanman]

Adrej,the Judge can either "administratively close" the case as to allow the I-130 to be approve OR he can close it to have USCIS adjudicate your I-485 (AOS).If he did close the case to allow the I-130 to be approved then your lawyer will have to recalendar like i said and have the case come back on the docket to allow the Judge to proceed with the case.IFhe closed it to allow USCIS to adjudicate the I-485 then the case will have to be transfered to your local office and i think it takes like three months so do you know exactly why it was administratively closed?

[adrej2002]

yes it had been closed for i 130 but the wholw file transfered to new york
i think i should take an info pass to ask .the problem is they dodnt tell you nothing at all

[Caribbeanman]

Yes the file was transfered because your "A" file was needed to have that interview for your I-130,now that it's approved it will be sent back to the court where your hearing is.Your lawyer just have to recalendar and they file will be transfered back to the court don't worry.

[adrej2002]

i just recieved approval notice of action of 130 , it says that i have to apply for i 485, i am not sure what is going on with my case i have to fire my lawyer

[Caribbeanman]

Adrej,yes that's correct after the I-130 approval you then have to apply for adjustment of status (I-485) this is so because youre in removal proceedings you cannot file the I-130 and the I-485 together once youre in removal proceedings.Once the case is back in court your lawyer can file the I-485 to the Judge.

[dianna832]

Hi adrej... what happened at your stokes interview?? What did they ask you? Just curious.. :D

[adrej2002]

dianna
i ahd the easiest stokes interview . they didnt separate us , he just ask if we bring any documents, i handle him over 20 pounds . my family is real i have 2 kids with my usc wife. he ask how we meet , my wife answered , he asked me how we make a living , i answred him . he said he dont see no concern toapprove the case ,he said he will work on asap ,that is waht happen next dayi got mail approval letter.now figthing to adjust ,
thanks to CAIBBEANMAN and DANIEL ,i paid for 3 comsultations already ,all they have diffrent advise , they meet in trying to help my complicated case.
my first step INQUIRY WITH THE LOCAL OFFICE ABOUT I485
IF IT IS PENDING = APPLY FOR EAD AND WWW.COM
IF CLOSED = RECALENDER WITH THE IMMIRATION JUDGE AND WWWWW.COM
THAT IS THE CONCLUSION

MAY 18TH2005 : SENT I130,I485.EAD APPLICATIONS TOGETHER
JUNE 22ND2005: RECIEVED NOTICE OF ACTION
JUN 3OTH2005: BIOMETRICS.
AGUST 2005 : I 130 PENDING , EAD ADMINISTRATIVE CLOSED BECAUSE I AM IN PROCEEDING WITH THE JUDGE.
FEBRARY 2006: JUDGE CLOSE THE CASE.
JUNE 2007: LETTER FROM THE IMMIGRATION FOR STOKE INTERVIEW.
JULY 10TH 2008 : STOKES INTERVIEW 15 MUNITES APPROVED.
I THINK THE STORY IS MORE LONGER
I AM LAID OFF , I HAVE 2 KIDS 4MONTHS AND 2,5 HEARS OLD .
FIGHTING FOR A LIVING WITH ECONOMMY RECESS
NO ID NO EMPLOYMENT AUTHORIZATION.
PAID THE LAWYER MORE THAN 3000 DOLLAR I HAVE ON HER BILL 1300
I AM STILL WAITING PLEASE DONT BE SAD
I AM JUST AN IMMIGRANT I MEAN ILLEGAL IMMIGRANT

[adrej2002]

hi gys , i jsut recievd a letter from uscis district office ,it confirm that my i845 is active and under review. is that means is pending?i can applyor EAD now?

[dianna832]

Yes, you can apply for EAD once your I-485 is filed :D