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I came with an F-1 student visa but my status was terminated due to failure of paying fees on time.

Lawrence, KS |

ICE initiated removal proceedings a five months ago,my wife filed 1-130 petition for me and we still waiting for an interview date.I wanna ask people or legal counsels who are familiar with removal proceedings ,whether its advisable for me to contact the ICE officer who is in charge of my case to ask him whether i can file 1-485 with the court and file 1-765 EAD with the USCIS because i understand thats the lawful way of doing it.Should i contact the ICE officer in charge of my case for this question ??

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Attorney answers 2


If you are otherwise eligible for adjustment of status, you should be able to have your case terminated or administratively closed, since you have a pending I-130 petition. Therefore, consult with experienced immigration lawyer about the process.

Follow Gintare Grigaite, Esq. on Facebook (search for Gintare Grigaite, Esq.). Contact immigration lawyer Gintare Grigaite, Esq. of Grigaite & Abdelsayed, LLC at 201-471-7989, located in New York and New Jersey, for a consultation about your immigration case. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.



am asking whether its ok to contact the ice attorney who is in charge of my case to ask him how to go about filing 1-485 with the court .is it ok ,?

Gintare Grigaite

Gintare Grigaite


No. They cannot give you legal advise.


You can not, and should not, contact ICE .... think of them as 'cops'.

If the NTA has been filed in court, only an Immigration Judge can give you permission to file the I-485 ... if you file w/o the judge's permission you will have wasted $1,070.

Find the money to hire a lawyer ... you should not try to 'play lawyer'.

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.