My husband was detained by ICE, for a traffic violation. He is out on bond and we are applying for cancellation of removal and attempting to adjust his status. In March of 1999, I filed an i30 (Petition for Alien Relative) but withdrew the petition because I did not meet the income guidelines. I am now attempting to refile the i30 and have documentation of the original filing, But I am confused about whether I should immediately file the 485 as well? Will he qualify under 245i because my initial application was in March of 1999? In addition, should we also simultaneously file the 765?
USCIS does not have jurisdiction to decide on the I-485 application, that will have to be filed with the Immigration Court. (although it does have to be submitted to USCIS who takes the fees and will print the "green card" if the Immigration Judge decides to grant the application). However, before the Immigration Judge can accept the I-485 you must have an approved I-130 petition. You will have to file that with USCIS as soon as possible. The I-130 filed in 1999 should also work to grandfather your husband for 245(i). Good luck.
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