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MY HUSBANDS I-485 WAS ADMINISTRATIVELY CLOSED. WAS TOLD TO SUBMIT I-485 TO THE IMMIGRATION JUDGE IN EOIR PROCEEDINGS?

Flower Mound, TX |

THEY DID ADD THAT I COULD SEEK ADJUSTMENT BEFORE EOIR. HOW IS THIS DONE.

Attorney Answers 7


  1. An immigration judge can decide on an application for adjustment of status where someone is in removal proceedings. If your husband is in removal proceedings, it is vital that he get a lawyer immediately. Procedures at the court are very difficult for people without attorneys to comply with.


  2. It looks like the I-485 may have been filed with CIS when it really should have been filed with the EOIR.

    HIRE AN ATTORNEY ... this could turn into a messy process very fast.

    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. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. they cannot administratively close the application. They have to rule on it. Once it is denied, and you are placed in removal proceedings, which is a HUGE "IF", you will be able to seek a ruling denovo on the merit of that application.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  4. It appears, as in certain immigration cases that the USCIS does not have a jurisdiction to adjudicate a pending I-485 as the case applicant or Respondent rather ( as one becomes such in removal proceedings) may seek that remedy only in court in from of the presiding judge who has jurisdiction over that matter.
    As you may notice from that case history, these matters require an attentive counsel reasonably familiar with U.S. immigration court.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


  5. It sounds like the court, not USCIS, has jurisdiction, so either the court must adjudicate the adjustment or they can close the case so that USCIS will have jurisdiction. Hire an attorney to assist, and best of luck.


  6. You need to get an immigration attorney involved to assert your husband's ability to adjust status.

    Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.


  7. If the Immigration Judge has jurisdiction over your case, that is where your application must be filed.

    Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.

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