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

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


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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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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.

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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 does not constitute an attorney-client relationship.

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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 attorney client relationship is formed by this response to your question.

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