I360 i485 and i765 with deportation order
can i fill i360 and i485 and i765 with deportation order and when gets aproved fill motion to reopen? thats what a lawyer talkme im looking for second opinion.
Unless you are an arriving alien with an unexecuted order of removal, you cannot file the I-485 and I-765 unless your case is reopened, the removal order rescinded and the proceedings terminated. This is because USCIS will not have jurisdiction over your I-485 until that time. If you choose to go this route, the first step would be your relative (spouse?)'s filing of the I-130 petition. It is important that you also obtain a stay of removal from ICE ASAP, as you would otherwise be in danger of being detained at your I-130 interview due to the removal order. If and when the I-130 is approved, you would have to convince the court to reopen your case. In the past, the was done by a "Joint Motion to Reopen" (filed jointly with the Department of Homeland Security, i.e., the "immigration prosecutors"), but, at least in Miami and in my experience, DHS is no longer agreeing to join such motions. This would mean that you would have to file the Motion to Reopen alone, asking the court to reopen your case "sua sponte."
Please note, the above answer is for general informational purposes only and does not create an attorney-client relationship with this attorney or her law firm. We represent clients in all 50 states and abroad.
You may wish to retain an experienced immigration lawyer for representation.
It makes a difference to your case.
If you are in deportation proceedings right now, CIS has no jurisdiction over your I-485 and it will be denied as a matter of lack of jurisdiction.
It is advisable to contact an experienced immigration lawyer via telephone or skype for insight.
Goodluck.
Ekaette Lawyers Texas.
Previously asked and answered - review previous posting.
Follow your lawyer's advice, since that lawyer is familiar with all the "moving parts" of your case/situation. We are not.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 24 years of successful immigration law experience. The answer above is only general in nature and 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.
