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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Immigration Law
Satisfied Customers: 12745
Experience:  B.A.; M.B.A.; J.D.
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Hi, Im in removal proceedings(in court) case pending and

Customer Question

Hi,
I'm in removal proceedings(in court) case pending and my next hearing date is december. I just got my I-130 approved through marriage. Is there something I can do to speed up a process or I have to wait till december for Judge to dismiss my case so I can apply for adjustment of status?
Thanks, Jose
Submitted: 12 months ago.
Category: Immigration Law
Expert:  Phillips Esq. replied 12 months ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


Hi,
I'm in removal proceedings(in court) case pending and my next hearing date is december. I just got my I-130 approved through marriage. Is there something I can do to speed up a process or I have to wait till december for Judge to dismiss my case so I can apply for adjustment of status?
Thanks, Jose



Response: Hello Jose: You need to immediately apply for Adjustment of Status with the Immigration Court. If your application is approved, then your removal proceedings would not continue. There are specific instructions for submitting your Application for Adjustment of Status while in removal proceedings in order for the Immigration Judge to review your application and see if you can be granted the relief that you are seeking.

Kindly click on the PDFs below for specific instructions on how to submit your application. See Part B of the Instructions for submission of I-485—Application of Adjustment of Status:



http://www.uscis.gov/files/article/PreOrderInstr.pdf




http://www.uscis.gov/files/article/PostOrderInstr.pdf

Phillips Esq., Attorney-at-Law
Category: Immigration Law
Satisfied Customers: 12745
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 5 other Immigration Law Specialists are ready to help you
Customer: replied 12 months ago.

Hi,


Can you clarify. Or maybe do it step by step. I'm in Los Angeles immigration court. So I would need to get I-485—Application of Adjustment of Status fill it and send it to immigration court? And I have to wait for my court date or no? And if I have to wait for court date can I file motion to advance?


Thanks.

Customer: replied 12 months ago.

Should I try to talk to NSCIS ?

Customer: replied 12 months ago.

Can judge let me apply adjustment of status with USCIS or it has to be through the court?

Expert:  Phillips Esq. replied 12 months ago.
Hello: I am just getting back online.

Give me few minutes to review your follow-up posts and get back to you.

Thank you for your patience.
Expert:  Phillips Esq. replied 12 months ago.

Hi,

Can you clarify. Or maybe do it step by step. I'm in Los Angeles immigration court. So I would need to get I-485—Application of Adjustment of Status fill it and send it to immigration court?

Response 1: Generally, a person in removal proceedings would inform the Immigration Judge during a Court hearing, usually a Master Calendar Hearing that he needs to apply for relief from removal. Once the Court is informed, the Court would set a deadline for submission of the application. the ICE (U.S. Immigration and Custom Enforcement) Attorney would provide the individual with Pre Order Instructions, contained in the PDF that I provided you previously and if applicable, the individual would also apply for a fee waiver for the application with the Immigration Court if the person wants a fee waiver. You do not qualify for a fee waiver because you are applying for adjustment of status through marriage. So, if you have not informed the Court of your intention to file for relief, I would suggest that you first contact ICE Attorney in your case and go from there. The information regarding the U.S. Government Attorney would be in your Court documents.


You may have to file a Motion with the Court to let the Court know that your I-130 has been approved and that you would file for Adjustment of Status through the Court. The Court would then inform you of the deadline for submitting your application with the Court.

It is important that you read the Pre Order instructions very carefully. The basic steps are as follows:

A . Once the Court has given you the permission to apply for Adjustment of Status and informed you of the deadline,

(1) You would complete the I-485;

(2) Make a copy of the completed I-485;

(3) Then submit a COPY of the completed I-485 with NO SUPPORTING DOCUMENTS along with

(a) The mandatory Biometrics fee of $85.00;

(b) The application fee for the I-485, which is currently $985.00;

(4) A copy of the PDF Pre Order Instructions Sheets;

(5) To:

USCIS Texas Service Center
P.O. Box 852463
Mesquite, Texas XXXXX-XXXX

B: Once USCIS gets a COPY of the I-485 and the fees, they would send you a receipt notice and information on how to get your fingerprinting done.

C. Once the fingerprinting is done, you would need to

(1) File the following with the Immigration Court within the time period directed by the Immigration Judge:

(a) the original I-485 application Form;

(b) all supporting documentation;

(c) the USCIS fee receipt notice that serves as evidence that you paid the filing fees .

D. You would retain your ASC biometrics confirmation as proof that your biometrics were taken, and bring it to your future Immigration Court hearings.

Form:

I-485

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

And I have to wait for my court date or no? And if I have to wait for court date can I file motion to advance?

Response 2: You do not have to wait for the Court date to ask for permission to apply for Adjustment of Status. You can file a Motion. However, there is no specific form for the Motion and you must comply with the procedures for filing a Motion with the Immigration Court. See Chapters 3 and 5 of the attached PDF for instructions:

http://www.justice.gov/eoir/vll/OCIJPracManual/Practice_Manual_review.pdf#page=41

Should I try to talk to NSCIS ?

Response 3: Call ICE Attorney, the Government Attorney, trying your case before you file a Motion with the Court.

Can judge let me apply adjustment of status with USCIS or it has to be through the court?

Response 4: Once you are in removal proceedings, you have to adjust status through the Court. Carefully review the PDF Pre Order Instructions that I provided you previously. Also, see my response #1.




http://www.uscis.gov/files/article/PreOrderInstr.pdf

 


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