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

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

Posted

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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Asker

Posted

Thanks Philip, That second part of your answer is really what I'm looking to do. At this point, the green card is long term, I'm looking at getting a new EAD. I was getting EAD renewed thru pending 485 in court. But it seems that because that application is withdrawn at the uscis level, I can't apply to renew for EAD. My course of action I wanna take is to still apply for a 485 so that with the receipt I am allowed to apply to renew EAD. I don't see an issue with doing so since master hearing is in 2014. However, I heard (from a few lil birds) that the cout can change master hearing if teysomehow find out that original 485 is withdrawn, and then using that to proceed with the removal earlier than what's scheduled. Thus my worry.

Philip Alan Eichorn

Philip Alan Eichorn

Posted

You need a lawyer. Message boards are nice for general guidance but you need someone with experience and training to help effectuate your goals.

Asker

Posted

Thanks Philip.

Posted

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)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
https://shusterman.com/intake-secure.html
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Asker

Posted

Thanks Carl. My question really isn't about getting the green card or being removed. I guess I'm asking if anyone has encountered this situation, and in their experience, how can someone like me can renew my expiring EAD. Long term solution vs short term. Long term is obviously green card, and eventually swearing before the judges years later with my American pin on my suit; but short term would be EAD, so that I can afford an attorney. Emile.

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