I 130/ Immigration/ Removal Proceeding/ Adjustment of Status

Asked 8 months ago - 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)

  1. Irene Vaisman

    Contributor Level 20

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    Answered . 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... more
  2. Lisa Ellen Seifert

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    Answered . 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.
  3. Boris Alexander Palant

    Contributor Level 15

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    Answered . 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.

  4. Aneliya M. Angelova

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    Answered . 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.
  5. Andrew D. Slepian

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    Answered . 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.

  6. Christian K. Lassen II

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    Answered . 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.

  7. Barbara A Marcouiller

    Pro

    Contributor Level 14

    Answered . 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.... more
  8. Sunmin Park Choi

    Contributor Level 3

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    Answered . 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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