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Master Hearing/Removal Proceeding

Seattle, WA |

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!

Attorney Answers 7

Posted

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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Posted

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.

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Asker

Posted

Thanks for the good answer. Actually my Attorney said he will ask for 6 months but I said have noticed/heard people normally get three months. I filed only for the I-130 at this point and will tell that to the Judge tomorrow. Other than that, there is no much I can do. I know it will take at least 1 month for the Immigration to send me a copy or something and see if it will be accepted. We will see. Thanks again!

Posted

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.

Good luck.

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Posted

Your attorney knows the facts of your case, including who your judge is. We know none of the facts of your case. You need to be asking your questions from your attorney. Why would you rely on the uninformed opinion of a stranger instead of the informed advice of your attorney.

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Posted

It's only a Master Hearing where your attorney will probably submit to the judge a copy of the I-130 and receipt if available. Then the hearing will probably be continued for status of the I-130.

An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.

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Posted

You are entitled to a continuance to get the I-130 approved, but you must show a likelihood that it will be approved and that if approved you are eligible for adjustment. You should just let your attorney talk for you, that's what to expect.

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Posted

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.

The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.

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Dave Hawkins

Dave Hawkins

Posted

I mean " I had a similar case"

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