When a person is in removal proceedings, even though the I-130 package was filed with the Service Center, the Respondent's attorney typically provides a duplicate original packet with proof of payment to the government's attorney during court. Once that happens, Office of Chief Counsel can submit it to CIS for an interview to be scheduled. Then, once the interview is scheduled by CIS, it is up to them to issue a decision.
Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.
Generally there is no way to ecpidite an i130. You need to wait for uscis to approve or deny the application. It is best to consult an immigration attorney.
Alexus P. Sham firstname.lastname@example.org (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
Generally what you're hearing happens in Fantasy land. ICE attorneys do not expedite I-130's. They have no authority over I-130's, which are in the domain of USCIS. Generally speaking, assuming the alien is prima facie eligible for adjustment of status, an Immigration Judge will continue a case pending adjudication of the I-130 by USCIS. If you don't have an attorney I strongly suggest you retain one. If you already do, he or she should be answering these questions for you.
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.