My Father is in Removal proceedings, as asylum case referred to Immigration Judge, He entered in US legally. I'm US Citizen, and his I-130 got approved. Now we want to terminate the removal proceedings based on approved I-130. Should we file I 485 along with biometrics fee before the motion to terminate? or what should be step by step steps now?
You can adjust at the immigration court as well and you may wish to contact the Chief Counsel's office to ask if they agree to termination. You cannot just file a motion to terminate.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
You may contact the assistant chief counsel and see if they will consent to terminate. If so, the ACC will file a joint-motion to terminate and remand to USCIS for adjustment of status. Contact immigration attorney to assist you with this.
Contact attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
Since your father is already in proceedings, you cannot adjust administratively. However, if your father does not have any issues that may preclude his adjustment, he can adjust before the immigration judge. Just do not pay any fees until you are instructed to do so by the Court, because you may lose your money if you file improperly.
Nothing in this post shall be construed as a legal advice. If you need advice regarding your particular situation, please contact my office directly. This information is transferred without an intent to creat an attorney-client relationship.
Your first step should be to hire an immigration attorney. You stand almost no chance of navigating this complicated mine field without utilizing a professional. The attorney will have to file to adjust status with the immigration court or move to terminate proceedings. Again to do this correctly you will need to hire an attorney. My firm handles such cases in NY.
law Offices of Nicklaus Misiti
212 537 4407
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.