I came US with a F1 visa in 2013 following year I filed for asylum and my case was referred to the immigration court. In 2016 I got married to a US citizen and filed for i130(can apply for adjustment of status since I m in removal proceedings) I had my I i130 interview in June 21 2017, it went pretty well IO didn’t ask anything critical interview lasted around 15 mins max. Still waiting for the result to come in the mail. I never had any court date in 3 years not even a master hearing. I was checking the immigration court automatic phone system if anything changes. I was surprised it says my case was closed by immi judge due to failure to prosecute exactly 1 day before my i130 interview which was in June 20 2017. My LAWER was saying once I have my I 130 gets approved he gonna file motion to terminate the removal proceedings. I really don’t don’t if I am eligible to adjust my status with my case closed? (without terminate the procedings) or I need to reopen my case than terminate And only than I can adjust status?? My question is can I file I 485 if I have I 130 approved since my removal prosedings is closed or I have to terminate my prosedings in order to file i485 with USCIS? Thx
Your lawyer really is in the best position to advise you, as he or she is aware of all of the details of the case. If the judge terminated proceedings already, you are no longer subject to removal proceedings, so there would be nothing to reopen and terminate. You might have other bars to adjustment eligibility, which you should be discussing with your lawyer.
Board certified expert immigration attorney. Federal and Florida criminal trial lawyer. Representing clients in all 50 states and abroad. Please note, the above answer is for general informational purposes only and does not constitute specific legal advice or create an attorney-client relationship with this attorney or her law firm.
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