I485 in removal procedings?
we had our i-130 interview last month on marriage base. and we got approved after three weeks.
as i am in removal proceedings,because i filed i-485 previously which got denied because we did not have any co-sponsor that is why they put me in removal proceedings. i went to master hearings three times in LA COURT. Now i am going to file 1485 with the immigration judge. my next master hearing in April.
how long its going to take to get a green card through court?
what is the procedure to file i485 through court?
also will i get 10 years green card as we have been married for 2 years and six months?
3 attorney answers
You need to complete the I-485 form. Then, send a *copy of the form along with this PDF and a fee of $1225 payable to U.S. Dept of Homeland Security (to Texas Servie Center)
This will cause them to generate a fee receipt (and maybe biometrics appointment).
Then, you need to file the I-130 approval notice, fee receipt, and the *original I-485 application/all supporting evidence (which would normally go to USICS) with the Immigration Judge.
All evidence must be filed with ICE prosecutor at:
Office of the Principal Legal Advisor, Los Angeles
606 South Olive Street, 8th Floor
Los Angeles, CA, 90014
You have to attach a certificate you have mailed it to the ICE prosecutor.
As you know, the evidence includes the affidavit of support. This description is incomplete. You should have a lawyer.
However, if you pay the fee, and just file even the I-485 with the judge (lacking the complete supporting evidence), you can then file the I-765 (category C09) for free and renew a work permit. Needs to be supported by a file-stamped copy of the I-485, a future hearing notice, the fee receipt, and a photo ID/copy of old work permit.
I never recommend a person representing themselves in immigration court against an expirenced trial attorney. With that said, I cannot estimate how long it will take to get your permenant residency approved because it will depend on whether you submmit all the applications and proof of fees correctly and also it will depend on the docket of the judge. Some judges are setting final hearings about 2 years out, some less. Should you get granted, you will have a 10 year residency card. Marriage has to be under 2 years for them to give a conditional residency. You can find the procedures for filling on the court website. But again i would rather you consult with an attorney.
You need to consult with an experienced immigration lawyer. Processing times vary by jurisdiction. Immigration court proceedings are complicated and you do not want to make a mistake. You would not think of performing surgery on yourself and you should not represent yourself in immigration court. To find a lawyer, select the “Find a lawyer” link at the top of this page. If the cost of the consultation is a concern, you can filter the search results by selecting “Free consultation” on the left side of the screen.
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