is expediting an i130 while in removal proceedings possible or is it a long shot I have heard where it depends on the ice attorney which always drag their foot on it an on the other hand I heard that once yo are in R.P i130 should be adjudicated in 30 to 45 days that's just all the stuff Iv been hearing don't know which one to believe an in R.P if your i130 is at NBC what does that mean an can they adjudicate that application to thanks guys
When a person is in removal proceedings, even though the I-130 package was filed with the Service Center, the Respondent's attorney typically provides a duplicate original packet with proof of payment to the government's attorney during court. Once that happens, Office of Chief Counsel can submit it to CIS for an interview to be scheduled. Then, once the interview is scheduled by CIS, it is up to them to issue a decision.
Generally what you're hearing happens in Fantasy land. ICE attorneys do not expedite I-130's. They have no authority over I-130's, which are in the domain of USCIS. Generally speaking, assuming the alien is prima facie eligible for adjustment of status, an Immigration Judge will continue a case pending adjudication of the I-130 by USCIS. If you don't have an attorney I strongly suggest you retain one. If you already do, he or she should be answering these questions for you.
Get free answers from experienced attorneys.
31,849 answers this week
3,208 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary