I have my Master Hearing tomorrow and of course I am very anxious about it. I already have an Attorney to go with me tomorrow and I just filed the I-130 since I came legally and got married in January while in a removal proceeding. What should I expect tomorrow? I have heard the Judge normally gives only three months for the individual hearing and I know that should not be enough for me since I filed the I-130 only a week ago. I have my Attorney but would like to hear different opinions too. Thanks!
This is really something you should be going over with your attorney. Your attorney is going to know more of what is happening with your case. However, assuming you heard from your attorney there should be a three month time frame between the master calendar hearing and the individual hearing, that does seem a bit off. If you are married and able to adjust, and have the I-130 filed, and a copy of the I-485 adjustment application ready to show the judge, it is far more likely to have the case closed before the court to allow the USCIS to adjudicate your I-130 and I-485.
I agree with Rebecca.
If you have a relatively straightforward case, many immigration judges like nothing better than get cases off of their active docket. That being said, given the judge assigned to your case, things may go better with the judge than with USCIS, if you have some explaining to do about issues in your case. There are judges out there that like to give out green cards, and may present less of a challenge than a USCIS adjudicator.
Your lawyer should be advising you of this.
It is really sad that your attorney has not gone through the dynamics of the hearing. The judge will give you a six month continuance. This continuance is given so USCIS has a chance to adjudicate your immediate relative petition (you and your spouse will be interviewed at the USCIS local office). If your petition is not adjudicated within those six months, the Judge will have to give you another continuance. If you are really into immigration law I recommend that you read the case of Bull v. Immigration and Naturalization Service, 790 F.2d 869.
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Please be advised that the Immigration Judges in Seattle are tough and have little patience for delay. It all depends who you get, but U had a similar case and was only allowed a 3 month continuance. Maybe the Judge was having a bad day, it is difficult to say but the moral of the story is, make no assumptions.
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