While on a removal proceedings (pending i485) . i divorced, and filed back with new marriage.

Asked over 1 year ago - Cherry Hill, NJ

the master hearing is not til 2014, and my question is, why cant i file the 485 at the same time with i130 petition so that i can apply for i765 to continue working.
what has been your worse and best case scenarios:

(i think i m turning into an immigration attorney soon).

Attorney answers (2)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Best scenario: You get a green card through your spouse.
    Worst scenario: You get deported.
    Smartest course of action: Hire an experienced immigration attorney.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
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    Schedule a Legal Consultation - Telephonic, Skype or In-Person
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Philip Alan Eichorn

    Contributor Level 19

    1

    Best Answer
    chosen by asker

    Answered . An alien in removal proceedings cannot file their I-485 concurrently with their I-130 as USCIS does not have jurisdiction over the matter. USCIS may only determine the bona fide nature of your relationship. After filing the I-130 with USCIS, you may "receipt in" your I-485 application and then apply for an EAD. You should retain counsel. Anyone in removal proceedings should have a lawyer and knowing how to do the above is one of the many nuances of immigration law.

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