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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107185
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I got married(2013) to citizen, before i apply for the card

Customer Question

I got married(2013) to citizen, before i apply for the green card ICE took me(2013) i was out of status , stayed in detention 20 days.
got out of detention went to I130 interview and got approved on the spot.
waited 2 years for i485 interview. Finally day came and we went to interview with our attorney.
IO called us in and while we were walking she said , she looked at the file i130 was approved so it is going to take only 5 mins for her. seemed all cool .
at the interview she asked my name last name address and same questions to my wife.
she was asking me some standard question like if i am a member of any political group and stuff like that and filing out a form.
Last question was "have you ever been arrasted ?" i said "YES" by ICE. then she turned to her computer and gave me the paper that says no decision made. she told me verbally she needs look in to that and talk to her supervisor. and herself told me decision will be mailed in 30-45 days .
65 days no update....i did infopass and IO was nice she told me my file was at her supervisor, she emailed him asking the status in front of me. and 2 days later she emailed me back saying that supervisor gave my file back to the officer. I AM SO CONFUSED I HAVE NO IDEA WHAT IS GOING ON
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Sorry about the delay. Were you issued a Notice To Appear (NTA) by ICE? Did you have to go to court? What happened in court?

Customer: replied 6 months ago.
i did not have NTE , they came to my office asked for me and took me to jail, 20 days later they set a court date then my attorney told them i was married to us citizen they let me out with 4500 bond. we filed for i130 as soon as i am out then got interview and approved for i130 on the spot. then my attorney filed a motion with court and got the response as case terminated.
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Did you give the order of termination of proceedings to the USCIS officer at the I-485 interview?

Customer: replied 6 months ago.
I did not.
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

That's what you had to have done. Now you have to wait. The USCIS has to verify that USCIS has jurisdiction and not the Immigration Court. As to how long it could take, it could be weeks or months. There really is no way to know for sure. If the issue a Request For Evidence (RFE), you can provide the proof that proceedings were terminated and that should hopefully result in your approval. So just be patient and keep doing an Infopass every few weeks to push the case along. What happens in these types of cases is let's say that the officer have 50 cases on her desk, at the interview, your case was on top. She had to send that to review to her supervisor. That takes time. Let's say the supervisor reviews and determines that USCIS does have jurisdiction because they are able to see the order of termination. They give the case back to the officer or a different officer. That case goes back to the bottom of the pile and you have to wait for them to go through the 49 cases ahead of yours before they get back to you. It's like going to the back of the line again, unfortunately. Just be patient. I'm sure it will all work out.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 6 months ago.
I just looked at my docs, and we had filed termination letter when we were applying for I485 ON 7/15/2015
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

It doesn't change my answer. For some reason the officer wanted to verify that your proceedings were terminated and that USCIS had jurisdiction again. So you have to wait. Hopefully they will not issue an RFE and they will verify it on their own and your file will come up to the top of the officer's desk quickly.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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