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Can i file for I-485 concurrently with I-130 with deportation against me?

Seattle, WA |

I am currently married to a US citizen but have deportation against me. My spouse and I filed for I-130 but my current attorney says that I cannot file for I-485 at the same time because ICE has jurisdiction over my case.

I contacted another attorney and he said that I CAN file for I-485 along with I-130 based on this memo:

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/adjuststatus011207.pdf


"In general, adjustment of status applications filed by arriving aliens who have been paroled and placed in removal proceedings will be adjudicated only by USCIS. “

i am paroled alien under a status that allowed me to adjust status (212) something.

So based on this memo, can I also file for I-485 before a decision has been made about my I-130?

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Attorney answers 2

Posted

Your attorney is incorrect. You can file for adjustment now. USCIS has a concurrent (and exclusive) jurisdiction under the 2006 regulations to adjudicate adjustment of status for arriving aliens. In many court cases we have succeeded to obtain status for our clients first and terminate the proceedings later. You should consider immediately switching attorneys and find a competent and experienced Immigration Counsel.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Asker

Posted

Thank You. Why is that some attorneys are telling me different from what you suggest? The article i cited is from 2007, what are the latest guidelines?

Posted

You should speak with your attorney. If you are currently in removal proceedings, Immigration Judges don't have jurisdiction to adjudicate the I-130.

Asker

Posted

Thanks for the quick reply. Based on the link that i cited, is what you say still correct? I am just received conflicting information from two different attorneys who posted a response to my question.

Andrew T. Brooks

Andrew T. Brooks

Posted

I'm not going to provide you legal advice. But I think I misunderstood your question to be whether you could file both I-130 and I-485 with court. You can't. But in some cases you can file both I-130 and I-485 with USCIS. If you're not satisfied with your current lawyer you can hire another. Good luck.

Asker

Posted

Thanks, i have already consulted with another attorney and i am considering switching but i am trying to get a rough idea of what the new plan is of my second attorney. basically one attorney says you cannot file together (130 +485) while having a removal order, the second attorney one says that i can ( based on the linked article)

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