When a motion to reopen is granted by OCC and BIA, is it best to seek termination from the IJ and go through USCIS ?, or continue through the same IJ who handled the case years ago? From an asylum denial now we are trying to adjust to LPR through I-130 (approved) (married to USC)
Hello. It seems like you are referring the the BIA having granted a Joint Motion to Reopen and Remand for Adjustment of Status,. Once the BIA´s order reopening the proceedings is sent down to the Immigration Court, your case is slated for a master calendar hearing before the IJ.
You should have your attorney try to get DHS counsel (the OCC) to agree on a Joint Motion to Terminate for Adjustment of Status or just file a Motion to Terminate for Adjustment of Status without OCC joining. The DHS attorneys will have 10 days to respond. Because the OCC had already agreed to join the Motion to Reopen, the Motion to Terminate should not be an issue.
If the hearing is set and the case has not yet been terminated, the fact that there is a Motion to Terminate on file (provided it has been pending for at least 10 days or DHS does not object) may result in the proceedings being terminated on the spot at the hearing. At that point, you would be able to file for adjustment of status directly through USCIS.
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1 lawyer agrees
You should definitely consult with an experienced immigration attorney about this situation. An attorney with experience working in the courts and at USCIS in your area should have an idea of how best to proceed. Best of luck.
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6 lawyers agree
Have an ATTORNEY work things out with the OCC and EOIR. Sometimes it is faster to have the IJ process the I-485.
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3 lawyers agree
Hire an attorney. Much depends on the IJ, the ACC and the substance of the denied asylum case. If you can get an early hearing date, it may make sense to do it on front of the IJ.
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