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I-485 and asylum case MTR to BIA pending

Alhambra, CA |

In 2008,I filed for asylum with the USCIS. because i filled after a year file sent to Court in February 2012 Immigration judge Denied.than Case went to BIA.,and stay about a year and july 2013 dismissed .
in July 2012 I married to my U.S Citizen wife.and my wife filed I-130 for me ,in august 2013 we went to interview I-130 (with NO attorney) and GOT APPROVED.
this time attorney help us to filed MTR to BIA with i-130 approved letter.when i call 1800......it's say IS PENDING. my wife also filed I-485 and interview is on scheduled in couple weeks from now.
my question is :
1. do i need to bring my attorney to I-485 interview this time? There is no jurisdiction on the 485 by the CIS because your MTR is still pending and case not yet terminated.
2.will BIA terminate my asylum case after/before our I-485 interview or is nothing to do with this interview? Your 485 application is no good. No jurisdiction at this point by CIS because case is not yet terminated.
3.Will BIA return my case to go back to immigration court or get decision by mail? Back to Immigration Court, then you should seek termination, then after termination, you file (or reopen) your 485 with CIS.
4.i will get green card by USCIS or BIA. CIS gives the green card.
Hope will get respond from you soon,



Thank you

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Attorney answers 3

Posted

you did not like my answer before?

Neil

I am a pretty smart guy, but I do not know everything. My answers here come from the knowledge I carry around in my head--if you want me to look something up, you should come see me. Take any advice here as being general in nature. Please be careful with your life and make decisions that are smart.

Asker

Posted

I just make correction because the firs question has MR SARMIENTO :)

Posted

From the facts that you have provided, it is clear to me that you should not do anything without your attorney present. If your MTR is not granted, you run the significant risk of being detained and removed. Your follow up questions seem to reflect a lack of understanding of the risks and intricacies in your case. I suggest that you schedule an appointment with your attorney ASAP so that you may gain an understanding of what you are doing. Good luck.

CELLA & ASSOCIATES, LLC
National Toll Free: 877.583.7080
www.cellalaw.com
info@cellalaw.com

National Toll Free: 877-583-7080. Having practiced immigration law for over twenty years, Joseph Cella, Esq. has the breadth of experience necessary to successfully handle the most complex immigration matters. The answers provided herein neither constitute legal advice, nor create an attorney/client relationship.

Posted

USCIS cannot approve the I-485 while you are in removal proceedings. In fact, it has no jurisdiction over your application so the application should not have been filed to begin with.

This case could certainly have been handled in a much better way. Since an order of removal has been entered, the BIA will have to reopen your case and then remand the matter back to the Immigration Court. At that point the Court can either adjudicate your application or remand the matter back to USCIS.

Your attorney should be able to explain all of this to you, but if it is unclear as to what exactly you retained him to do. It does appear, however, that you are trying to do things yourself to save money which can be a recipe for disaster. If you have lost confidence in your attorney then schedule a consultation with another experienced immigration attorney who can review your case and advise you what to expect 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. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.

Asker

Posted

Thank you

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

My pleasure.