misfile and removal proceeding

[bigi 0]

I'm a US citizen filed status adjustment for my parents in Aug 2009. Mistakenly

thinking it's a 'family packet', we filed only one I-130 and two seperate I-485

for my parents. Upon notified by INS in Sep 2009, we realized I-130 was

necessary for mom, so we re-filed one for her in Oct 2009.

In the meantime, parents got biometrics in Sep 2009. And during the

interview in Dec 2009, the officer denied mom's case as 'ineligible alien' due

to missing I-130. We showed mom's I-130 receipt, the officer went to talk to his

superviser, and came out saying he couldn't locate mom's I-130 in the system

(this is about 1.5 months after mom's I-130 was received by INS).

However, we were told by the officer that because an I-130 is pending, we should

wait for the outcome of it.

Since the interview, nothing came from INS except the following:

- In Jan 2010, a notice from the same INS field office, saying my mom is ordered

to appear before an immigration judge because she has stayed in US illegally

after Sep 2009 (that's the expire date of mom's B2 visa).

- In Feb 2010, received "Notice of Hearing in Removal Proceedings"，needs to

appear in Immigration Court in March 2010.

Mom is worried, can someone please help and tell us why this, and what needs to

be done? Isn't this INS's fault that they cannot locate mom's I-130 at the interview?

Thanks a bunch!

[bigi 0]

Could someone shed some lights on this please? Thank you very very much!

I'm a US citizen filed status adjustment for my parents in Aug 2009. Mistakenly

thinking it's a 'family packet', we filed only one I-130 and two seperate I-485

for my parents. Upon notified by INS in Sep 2009, we realized I-130 was

necessary for mom, so we re-filed one for her in Oct 2009.

In the meantime, parents got biometrics in Sep 2009. And during the

interview in Dec 2009, the officer denied mom's case as 'ineligible alien' due

to missing I-130. We showed mom's I-130 receipt, the officer went to talk to his

superviser, and came out saying he couldn't locate mom's I-130 in the system

(this is about 1.5 months after mom's I-130 was received by INS).

However, we were told by the officer that because an I-130 is pending, we should

wait for the outcome of it.

Since the interview, nothing came from INS except the following:

- In Jan 2010, a notice from the same INS field office, saying my mom is ordered

to appear before an immigration judge because she has stayed in US illegally

after Sep 2009 (that's the expire date of mom's B2 visa).

- In Feb 2010, received "Notice of Hearing in Removal Proceedings"，needs to

appear in Immigration Court in March 2010.

Mom is worried, can someone please help and tell us why this, and what needs to

be done? Isn't this INS's fault that they cannot locate mom's I-130 at the interview?

Thanks a bunch!

[Brother Hesekiel 2,236]

Since you made a mistake in not submitting the I-130 in time, the drone-operated and thus pretty much automated (as is non-flexible) system of USCIS is working as designed. Mom has to appear in court, preferably with a layer, who the will explain the circumstances of the case and wait for a decision to be held until the AOS case is decided upon. Should be fairly easy.

[bigi 0]

Thank you very much for your reply. We have a pending I-130 (filed later). Assuming it gets approved before the hearing, would it be reasonable for us to ask the judge to grant green card? Or it's pretty much we need to re-do I-485 again?

Also, if I-130 is refused, what's our best option? Leave voluntarily?

Thanks again!

Could someone shed some lights on this please? Thank you very very much!

[sachinky 465]

Consult a lawyer. Your parents were AOS from a B2, I assume? Those are usually hard to appeal when denied, but maybe a lawyer could help out? Good luck.

[bigi 0]

Thank you guys for your suggestions, you guys are great!

Here is update of the case: grandma's I-130 is now approved, and court hearing for removal proceeding in early April.

We were told that giving I-130 is approved, the misfile is a simple mistake that judge would clear the removal proceeding, and may even go ahead approve the denied I-485. Does this sound reasonable?

Would a good lawyer be able to achieve this?

Thanks a bunch!

Consult a lawyer. Your parents were AOS from a B2, I assume? Those are usually hard to appeal when denied, but maybe a lawyer could help out? Good luck.