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Immigration/ Adjustment of Status/ Green Card

Seattle, WA |

I have been on a Removal Proceeding but the Immigration approved my I 130 and the Judge just terminated my case. I will send the Medical Exam and the Sponsor Application along with the Work Permit Application this coming week. How does it work then? 1- Will I have to wait for the Work Permission? For how long? 2- Also how long does it take for me to receive the Green Card if the Immigration approves my Sponsor and Medical Exam? Thanks!

Attorney Answers 6

Posted

Congratulations on having your court proceedings terminated. It takes 90 days from filing to receive your employment authorization. As for the I-485 processing, you will need to be scheduled for an interview. I would estimate a 6 month process.

The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

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Asker

Posted

Thanks!!! You totally understood my question. I guess English being my second Language makes some Attorneys not be able to understand my question. Another question: Will I need another interview for sure or maybe? I already had one for the I 130 before. Will I need to have another one for the I 485 too? Thanks and sorry for taking your time.

Posted

I urge you to get an attorney to assist. you. You seem to have done a great job so far, but it would be easier to get a lawyer. I don't believe any attorney would try to tell someone in a couple sentences how to do a whole case, not to mention without ever having reviewed the entire history that has already happened. You aren't done yet.

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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Posted

What do you mean I am not done yet? I thought that sending the Medical Exam and the Sponsor Application was the last thing and either they approved them or deny them.

Barbara A Marcouiller

Barbara A Marcouiller

Posted

You are mistaken. There are additional application forms, for example, have you applied for adjustment of status? There will be another interview, likely. It sounds like the judge terminated your removal proceedings in order to afford you the opportunity to apply to adjust status with USCIS, rather than doing the adjustment in court. This is what I mean. You are surprised to hear you aren't done. That's what I mean. You really should get at least a consultation to get a more complete picture.

Asker

Posted

Maybe I am not using the right terms, sorry. I thought that The medical Exam along with the Sponsor Application ( I 485 ) ( which will be my wife ) were the Adjustment of status and those are what I am sending to the Immigration next week as I mentioned on my statement above. But now you are saying I still need to send anything else?

Posted

Have you filed for adjustment of status? I think you should consult with an immigration attorney in person before proceeding. This isn't really the right forum to answer this type of question.

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Posted

Yes, I said on my statement I will send the Medical Exam along with the Sponsor Application ( I 485 Adjustment of Status ) next week.

Posted

If the IJ has terminated the case, and the I-130 is approved (I am assuming it is an immediate relative petition or else I do not see why the IJ would terminate), the case proceeds as would a normal I-485 filing with USCIS service center. It sounds like you are confused about which documents to file, I would definitely consult an Immigration Attorney to make sure the AOS packet is put together correctly. Once filed, the EAD comes within 90 days. The time it takes to receive the green card depends on many factors.

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Posted

Thanks for the answer. Ok, so the EAD comes within 90. The Green Card depends on many factors? I thought it would depend only on their approval or not. Thanks for letting me know then.

Posted

The time frame for processing adjustment is approximately four to five months from submission to interview. The green card will only be approved once you have your adjustment interview. However, more facts are needed to answer your question(s). I agree with my colleague above. Since you have been in removal proceedings, your case is more complex than most; and you should be guided by a competent immigration attorney through the process of adjustment.

Husna Alikhan, Esq., www.alikhanlaw.com TEL: 702-374-6619. Nothing in this response to your posting on AVVO is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.

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Posted

Thanks. Some Attorneys say I will need a second interview, some others say I will probably not need it since I already had one for the I 130. Thanks again.

Posted

I agree with my colleagues, and would point out that you are asking two inter-related questions, 1) what is the process, and 2) how long does it take? These are inter-related because any (even small) error in putting together your applications and evidence will trigger delays. So the higher the probability of error, the higher the chance for delay. There is a steep learning curve in doing this sort of thing, and you should think about working with someone who has that experience you lack.

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