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I 130/ Immigration/ Removal Proceeding/ Adjustment of Status

Seattle, WA |

I got married during a removal proceeding almost two years ago I applied for the I 130 before the hearing and at the hearing I showed to the judge I had gotten married to an American Citizen. The Judge gave me one more year for the Master hearing. Then I had my Interview with the Immigration, they asked for letter for friends and family, I sent them, had to wait for almost one year and my I 130 is finally approved! Now I have my Master Hearing in June 2014. I know this is a very delicate situation and each case is different but in YOUR experience, is there a possibility the judge can give a decision before the Master Hearing since I sent him the decision of the Immigration ( the I 130 Approval ) or normally the Judge gives the final decision on the Master Hearing?

Attorney Answers 8

Posted

Unless you have other issues, such as criminal or fraud, most likely the removal proceedings will be terminated at the next Master so that you can pursue adjustment of status with USCIS. Sometimes, a motion to terminate is filed in advance, sometimes, you get the OCC to join in before hand - this is typically the job of an immigration attorney.

Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.

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Posted

Thanks for the response. I have no Criminal Record at all. Not even a Drive's license Ticket. It looks like I will have to wait till the Master Hearing then. I already sent the response of the Immigration to the Judge anyways. Hopefully I get a response before the Master Hearing. Thanks!

Posted

It's possible to do a number of things, such as a motion to terminate the removal proceedings and remand the case to USCIS. However, you need an experienced immigration attorney to handle this for you.

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Posted

Thanks for the reply Mr. Palant. I already sent the motion the the Judge but I am wondering if the Judges normally wait till the Master Hearing or if they give a response before that. Based on your experience, what do you think? Thanks!

Boris Alexander Palant

Boris Alexander Palant

Posted

The judge may terminate even prior to the master hearing. Have you obtained consent of the Immigration Trial Attorney Office? Without it the judge will not do anything.

Asker

Posted

I did actually but it is always good to obtain more info from other Attorneys. Thanks for the tip. By the way, do you know why most of the Attorneys are saying the Judge will NOT most likely respond before the Master hearing in June 2014? Just some Attorneys like you said that there is a possibility. Do you think it depends on each Attorney past experience?

Boris Alexander Palant

Boris Alexander Palant

Posted

It depends on the judge and his calendar.

Posted

Follow the court's instructions with respect to the next hearing. If you have a lawyer, you should ask him because he knows all of the facts pertaining to your situation and is in the best position to advise you.

This answer is for informational purposes only and should not be construed as legal advice.

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Posted

Sounds like you haven't even completed the Lawful Permanent Resident application (I-485). If you had a good lawyer, they may ask for the case to be dismissed before June so that you can file the I-485 with USCIS.

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Posted

I have not. I am waiting for the response of the Judge and I am not sure if I will have to wait till the Master hearing or if he would respond before. I already sent him the motion with the Approval from the Immigration so there is nothing else I can do at this point. Thanks!

Posted

Virtually no possibility of action prior to master hearing unless you have organized a specific motion. and even if you did, the judge would likely only consider it at the next master hearing or afterward.

This is general advice, and does not constitute an attorney client relationship.

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Posted

Thanks for the answer. So that means that the motion I sent to him letting him know the the I 130 was approved will be not answered before the Master Hearing at all? That means I will have to wait till June 2014. I should have not even sent the motion then.

Asker

Posted

By the way, May I ask you why you say that most likely I will have to wait till the Hearing? Is that the experiences you had before? The motion is not something they consider most of the time?

Posted

Follow court's instructions. Avvo has a terrific "find a lawyer" tool to find a top-rated attorney (10) within a couple miles from your home.

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Posted

Thanks for the answer. It just sucks not to be able to work and have to be patient. That is life. Thanks sir!

Posted

The immigration judge will not give a decision (decision on what?) before your next master hearing date only because you informed the court that your I-130 petition had been approved. You can file a motion to accelerate a court date so that you can have a hearing date earlier than June 2014. Or you can file a motion to terminate so that you can file your I-485 application with USCIS. Usually you file such this type of motions with a copy of I-130 approval notice and a copy of your proposed I-485 application package.

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Posted

Thank you so much for the great Info. It is just interesting that each attorney gives a different opinion but I am happy you gave me the options. So you think that filing the motion is more convenient than filing to accelerate the court date? I was so excited to receiving an answer in a couple of moths and some Attorneys told me that most likely I will have to wait till the master Hearing in June.

Sunmin Park Choi

Sunmin Park Choi

Posted

I would file a motion to accelerate a court date and ask the immigration judge to adjudicate your adjustment application.

Asker

Posted

Thanks for the answer. I did send him a motion letting him know that the Immigration approved my I 130. I guess all I need to do is waiting at this point. Hopefully he reads the motion but the other Attorneys say I will most likely have to wait till June for the master Hearing.

Sunmin Park Choi

Sunmin Park Choi

Posted

Are you saying that you do not have an attorney, and did it yourself? I strongly recommend you retain an attorney for your immigration matter.

Posted

Congratulations. The approval of the I-130 is the first step. Then you need to apply for permanent residence based on the I-130. If you do not qualify to adjust your status in the U.S., then the judge can't help you. You would need to process for the immigrant visa, and any waivers of grounds of inadmissibility to which you are subject. If you do qualify to adjust status, then you need to go that entire procedure. The judge may set a hearing date for you to do that before the court, or he may close your removal proceedings to allow you to do it before USCIS. You definitely could use the assistance of an experienced attorney.

This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.

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Barbara A Marcouiller

Barbara A Marcouiller

Posted

Note that whereas I agree with my colleagues' comments regarding submitting a motion, but nothing is likely to happen before the master calendar hearing, etc., it all assumes that you are eligible to adjust your status in the U.S. You do not state whether you initially entered lawfully, for example, so you may not even be eligible to adjust. Please get an experienced immigration lawyer.

Asker

Posted

Hi and thanks for the answer! Well, I guess if the Judge let me go thru the marriage process ( I 130 ), that means that I came to USA with a Visa right? I do not think anybody who enters the country Illegally could even ask the Judge for more time in first place ( for adjustment of status and not be deported ), right? So, I do not understand why I would need to mention it at all. I thought it would be obvious. You tell me if I am wrong.

Barbara A Marcouiller

Barbara A Marcouiller

Posted

You are mistaken. No assumption is made that you are eligible to adjust status at this stage yet. The I-130 is required for anyone whether they are seeking to adjust status in the U.S. or whether they will be applying for an immigrant visa abroad. The judge will give additional time to anyone who may have something pending before USCIS that is under USCIS jurisdiction, such as an I-130. At the next MC, if you want to apply for adjustment of status and/or terminate the proceedings, you will need to show that you are eligible for adjustment of status. You will need the proof that you entered lawfully, including your I-94 and/or visa in your passport. The only ones who may not have an I-94 are Canadians under certain circumstances. No one will assume that you entered lawfully. You need to establish your qualifications to adjust.

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