Married to a USC or not, you should definitely appear and attend your next hearing. Failure to do so will get you an order of removal entered by the judge, in your absence. ICE will make it a pleasure to knock on your door at 3 AM and take you away.. (An easy case for them).
What you should instead do is notify the judge at your next hearing at you are now married to a USC and ask that you be given more time to hire an attorney to represent you (if you haven't already done so by that time.)
An experienced immigration attorney will negotiate with the lawyers representing ICE for their agreement to the termination of the removal proceedings against you in immigration court, to enable you to file for adjustment of status with USCIS. It is not "automatic"!
Also note that marriages while in removal proceedings are given a much higher scrutiny level by USCIS.. You and your spouse will most likely be separated during the interview process
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
NEVER miss an immigration court date. I agree with my colleagues. Jurisdiction lies with USCIS for I-130 ; if approved, can then apply in Immigration Court for the I-485. VERY VERY important to get good representation and make sure you retain someone with a lot of court experience - search Avvo
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No, you can not apply to USCIS to adjust your status ... only the Immigration Judge can do that at this point.
Get an attorney ... this is not going to be an easy thing to do.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
What you need to do is hire an immigration attorney. You are in way over your head and from your question you will only be digging yourself a deeper hole by attempting this on your own. My firm handles deportation defense in New York.
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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.