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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4884
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I have an asylum hearing pending and last year my case was

Customer Question

I have an asylum hearing pending and last year my case was administratively closed.
Week ago my wife (she's in my asylum case),won DV Lottery 2016.
What we need to do, to get AOS in time?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 2 years ago.
Hello, my name is ***** ***** I will be the attorney helping you today.
I will need to know more information.
Why was your case administratitvely closed?
How did you enter the US?
When did you last arrive in the US?
When did you apply for asylum?
Customer: replied 2 years ago.
I'm in US for over 20 years. Came with a Business Visa and almost immediately get an H-1B. My wife and son came 10 months later. Last time enter in 2007, to Atlanta with I-485 pending.
After Interview, Officer denied my Immigrant Visa, and I apply for Asylum in 2008.It was a few Master Hearings, Individual Hearing was scheduled for April, 22, 2015. But in 2014, I received a Notice, that my case Administratively closed by the Government and I sign it.
On May, 7 I checked a Status of DV Lottery and find out, that my wife won.
Customer: replied 2 years ago.
Me and my wife "grandfathered "under 245i. My wife in my Asylum case.
Our son got married 2 years ago on US Citizen and already has Permanent Status and GC for 10 years.
Customer: replied 2 years ago.
Where's the answer?
Expert:  Jen Marie, Esq. replied 2 years ago.
Hello again and I'm sorry for the delay. I have not had access to the computer all day.
What we need to do, to get AOS in time?
First, you will need to file a Motion to Terminate your court case with the immigration court that ordered your case Administratively Closed. Together with that you will send proof of your selection in the Diversity visa and proof of your 245 (i) protection. This may take a couple of months.
Once you have that order, you can submit your documentation for the lottery together with proof that the case has been terminated.
I suggest that you get an immigration attorney to help you do the Motion efficiently and as quickly as possible.
Good luck to you during this process and I hope this answer has helped you!
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