Is it more advisable to file i485 in front of IJ or with USCIS when in Removal Proceedings.

Asked almost 2 years ago - Hyattsville, MD

I was placed under removal proceedings about a year and half ago. My fiancee and I got married after that, we filed an I130 and it was recently approved. My next court hearing is in January. In your experiences, is it more advisable to file the i485 in court with IJ or file a motion to have the removal proceedings terminated first and then file it with USCIS? Which one gets adjudicated faster?

Attorney answers (4)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . That entirely depends on the particular judge, particular ICE local policy and the strategy that your attorney chooses to employ. I presume you do have legal representation, for it would be foolish not to.

    Good luck!

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Philip Alan Eichorn

    Contributor Level 19

    6

    Lawyers agree

    Answered . How fast your adjudication on the i-485 should not be the primary consideration. Instead, you should recalibrate your thinking and determine which is best for you based on admissibility issues, strength of relationship and the nature of the underlying removal proceedings. Include in your determination, you ability to handle cross examination by the DHS trial attorney and the record of your immigration judge on similar cases.

  3. F. J. Capriotti III

    Contributor Level 20

    5

    Lawyers agree

    Answered . You don't have a choice ... the Immigration Judge has 100% control over the I-485.

    Get a lawyer to smooth out the process.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Cynthia Beth Rosenberg

    Contributor Level 16

    3

    Lawyers agree

    Answered . Cases before the IJ are usually faster in Baltimore, depending on the judge.

    Under the guidelines set by AVVO, this response is general information only and not specific legal advice, and no... more

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