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Can my husband file the I485 while I130 is pending?

Conway, AR |

Hi, I filled an I130 for my husband, we received the receipt but no appoint scheduled yet.
My husband is in removal proceeding. No date for the removal yet.
We are trying to figure out if we can file for I485 while waiting for the I130 approval.
If it is possible what are the document to file alone.

Attorney Answers 3


Going through removal proceedings without an attorney is reckless. Given advice about removal proceedings remotely that it without having the entire record reviewed first, would be reckless as well.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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You need to notify USCIS that he is removal proceedings so they can expedite the I-130 in 60 days. You cannot file the I-485 with USCIS since he is in court in removal proceedings and only the court has jurisdiction. You really need to hire competent counsel to help you with this, since this is not something you can handle on your own.

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When filing with the USCIS a USC and immigrant spouse may file the I-130 and the I-485 at the same time. However, in removal proceedings the I-130 must first be approved by the USCIS and the I-485 is filed with the court.
I strongly advise you retain an experienced immigration attorney to assist you. Your spouse is one step away from deportation. Should you have filed the I-485 you would not have been successful and may have lost over $1000.00.

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