An immigration judge can decide on an application for adjustment of status where someone is in removal proceedings. If your husband is in removal proceedings, it is vital that he get a lawyer immediately. Procedures at the court are very difficult for people without attorneys to comply with.
It looks like the I-485 may have been filed with CIS when it really should have been filed with the EOIR.
HIRE AN ATTORNEY ... this could turn into a messy process very fast.
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.
they cannot administratively close the application. They have to rule on it. Once it is denied, and you are placed in removal proceedings, which is a HUGE "IF", you will be able to seek a ruling denovo on the merit of that application.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
It appears, as in certain immigration cases that the USCIS does not have a jurisdiction to adjudicate a pending I-485 as the case applicant or Respondent rather ( as one becomes such in removal proceedings) may seek that remedy only in court in from of the presiding judge who has jurisdiction over that matter.
As you may notice from that case history, these matters require an attentive counsel reasonably familiar with U.S. immigration court.
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It sounds like the court, not USCIS, has jurisdiction, so either the court must adjudicate the adjustment or they can close the case so that USCIS will have jurisdiction. Hire an attorney to assist, and best of luck.
You need to get an immigration attorney involved to assert your husband's ability to adjust status.
Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.
If the Immigration Judge has jurisdiction over your case, that is where your application must be filed.
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