I would really appreciate some input in this .My husband is in removal proceedings, we filed a stand alone I-130 and attended the interview earlier this month.We just received an I-130 approval notice .My question is which is the best way to now file the I-485 , can i file it through court? Can we request that the proceedings be terminated and do i first need to file the I-485 with USCIS and include evidence in my motion ? And lastly is it always better to apply through the court or is it better to request termination then apply through the USCIS. .Thank you
You may not file a I-485 with USCIS without first terminating the case in removal proceedings within the immigration court -- otherwise USCIS has no jurisdiction and will deny your I-485 based on that reason alone. Termination of removal proceedings is usually done via a written or oral motion in court and if there is no issues, DHS/ICE counsel should agree to terminate the removal proceedings. If so, the judge will instruct you on applying for adjustment of status via I-485 and usually ask you whether you wish to adjust with USCIS or in front of him/her in court. If you indeed choose to adjust before the immigration judge(which would be my preference, since the judge knows your case better and has seen you and your husband I assume multiple times together in court), he/she will instruct you to submit the original adjustment of status application and supporting documents to the court and also to file SOLELY the application form with USCIS (special TX office), and pay the application fee. Upon the application fee receipt being received by you and filed with the Court, an individual adjustment of status hearing will be scheduled in front of the Court. Alternatively, you will be given proof of termination of proceedings and allowed to file I-485 with USCIS -- which would have jurisdiction now to hear the adjustment of status. You really should work with an immigration attorney to get this done.
You can either file the I-485 with the immigration judge and have the judge decide the application, or you can ask the judge (with the ICE attorney's agreement or non-opposition) to terminate the court proceedings. If the court terminates the proceedings, then your husband can file the I-485 with the USCIS (not before).
You may get in touch with ICE Counsel to have the case terminated so that you can pursue adjustment of status before USCIS. This usualy happens if the case is clean and there are no other issues of fraud and the like. I suggest that you work with an immigration lawyer.
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