I applied for asylum in April, 2013. I was interviewed by Asylum Officer in February 2015. She did not approved my asylum application and referred me to EOIR for adjudicate the case. I was also served NTA in removal proceeding. Meanwhile, my employer sponsored me for I-140 in B2 category and it was approved. What is next now. Some people say that I have to take a Remand from EOIR to terminated my case and allow for I-485. Some say that I will be removed first. I am confused. Please guide me.
Correct, you can move to remand to CIS for adjustment of status, if you are in fact eligible for adjustment of status.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
USCIS has jurisdiction over the I-140 and the immigration court (EOIR) has jurisdiction over the I-485. The proper term in not "remand," but probably your attorney should file a motion for termination or motion to administratively close your case with the immigration court. ICE will probably oppose the motion for termination, but maybe your attorney can get them to join in a motion to admin close. Then, once your I-140 is approved, your attorney may file a motion to re-calendar your case in court and you can have your I-485 decided by the IJ (immigration judge).
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