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Currently under removal proceedings. Married with three kids born in USA, is there a way I can get a I-765?

Jacksonville, FL |

I-130 approved on 2005. I-485 denied on 2009. Currently under removal procedure. U-2 visa pending

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Attorney answers 6


You can renew your adjustment application before the Immigration Judge and perhaps through cancellation of removal. But need more facts -specifically when you entered the United States, and when you were placed into removal proceedings and whether you have a criminal history, and why the adjustment was denied. These should have been reviewed by your attorney. If you do not have an attorney you should hire one.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


Possibly, if you are in removal proceedings you really need an attorney.

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.


Perhaps there is a way to obtain an EAD. I need more information to properly advise you. As you are in removal proceedings, I highly recommend you seek experienced counsel.


Yes, you can renew your I-485 in proceedings and obtain work auth accordingly. If you don't have a lawyer, hire one now. If you're lawyer didn't tell you this, then it's time to switch lawyers.


More facts are really needed to answer your question. The fact that an I-130 has been approved is good, but we have no idea why your I-485 was denied, the reasons removal proceedings were initiated, and how the U visa process fits in with all of this.

Hopefully you are represented by an immigration attorney already and if so, he or she should be addressing all of this with you. If you don't, or have lost confidence in your attorney, consult with an experienced immigration attorney to get a second opinion as to what has transpired on your case and how best to proceed.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


Yes. When in removal proceedings with an I-485 pending you are entitled to an EAD.