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What should I do If my I-485 is denied and I have a notice to appear to immigration court.?

Goose Creek, SC |
Filed under: Immigration court

I was a j1 from 2005-2008 but I married a US citizen on my last year. Then I filed I-485 but was denied because of NOS letter from my home country. The problem was I have not finished it on the time of the personal interview, the immigration officer asked about it- but I dont have it yet by that time,so he gave me 1 month to produce it but after a month I have not produce the said document so I recieved a denial notice of my I-485 and a notice to appear to immigration judge? what do you think will happen to this case? what should I do next?

My problem is I don't have the No Objection Statement yet from the Philippines because I am still securing the necessary documents to obtain the NOS. The NOS usually takes almost a year to be approved so I'm afraid I won't be able to present this to the Immigration judge when the court hearing is set. So can the judge still approve my I-485? Will he be able togive me an extension while waiting for my NOS from the Philippines?By the way, my I-130 has been approved already.

Attorney Answers 1

Posted

The Immigration Judge has the authority to grant approval of your I-485. If you now have all documents necessary for the approval and the USCIS has already approved your I-130 present all of these documents to the judge and ask him to approve your I-485.
If the USCIS has not yet approved your I-130 you may do a Motion to Reopen - if it is not to late. The USCIS no longer has jurisdiction to approve your I-485 because you are in Removal Proceedings. Get the I-130 approved, send the approval to the Judge with a Motion to terminate the proceedings against you. Once the proceedings are terminated send the Court Order to the USCIS and ask them to approve the I-130.

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