What to expect while in removal proceedings? Help needed

[w8inglongtime 29]

Thanks RICARDO4EVA2 and JimVaPhuong for your replies. As I mentioned above that Immigration judge suspended the removal proceedings on March 29, 2011 and since then I have not heard anything from USCIS. I am concerned about two things here; first of all, should I expect another appointment for fingerprinting and biometrics? Although I was fingerprinted in July 2010 for I-485. Secondly, how long do I have to wait until I get an interview call from USCIS? In order to track my case online, should I still use the same old receipt number for the original I-485 that was filed last year? And one last question, where do you think my case is being processed right now? In the local USCIS office in St Paul, MN or in the Texas Center?

I really appreciate your help people. Thanks

I think things are looking up and up for you. Considering a year ago you were half way back to your home country. The immigration judge has thrown you a huge bone and USCIS is just trying to nitpick here. All you can do at this point is wait. You can renew your EAd as many times as needed until a final decision is made. I went through 2 EAds and my application was a simple one so hang in there. You've been through the toughest part already and survived. I'm assuming you must have a child by now since your fiance was pregnat last year. Congrats if you have a baby. You will be getting some good news soon. Good luck and keep us posted.

Edited June 25, 2011 by w8inglongtime

[JimVaPhuong 4,863]

Thanks RICARDO4EVA2 and JimVaPhuong for your replies. As I mentioned above that Immigration judge suspended the removal proceedings on March 29, 2011 and since then I have not heard anything from USCIS. I am concerned about two things here; first of all, should I expect another appointment for fingerprinting and biometrics? Although I was fingerprinted in July 2010 for I-485. Secondly, how long do I have to wait until I get an interview call from USCIS? In order to track my case online, should I still use the same old receipt number for the original I-485 that was filed last year? And one last question, where do you think my case is being processed right now? In the local USCIS office in St Paul, MN or in the Texas Center?

I really appreciate your help people. Thanks

I would expect another biometrics appointment. Even if you don't need it to renew the EAD, you'll probably need it for the green card.

You have to wait as long as it takes, which could be days, weeks, months, or years. AOS applications submitted after the start of removal proceedings often take a long time. If I were you, I'd be prepared for this to potentially take a couple of years or more.

I have no idea where your case is currently being processed. If I had to take a wild guess it would be that your application is probably at the Fraud Detection Branch of USCIS. There may be an FDNS office in your local USCIS office. I really don't know.

[bustedpriest 3]

I think things are looking up and up for you. Considering a year ago you were half way back to your home country. The immigration judge has thrown you a huge bone and USCIS is just trying to nitpick here. All you can do at this point is wait. You can renew your EAd as many times as needed until a final decision is made. I went through 2 EAds and my application was a simple one so hang in there. You've been through the toughest part already and survived. I'm assuming you must have a child by now since your fiance was pregnat last year. Congrats if you have a baby. You will be getting some good news soon. Good luck and keep us posted.

Thanks a bunch dude for your helpful feedback. Yeah I am so relieved that I am done with the toughest part but really curious at the same time for the Green Card. Well, I guess I'll just wait. My baby girl was born on in October 2010 so yeah she's almost 8 months old now, thanks for the compliments As far as the EAD is concerned, do you think I should file it electronically or just do the regular paper based one? It expires on Oct 25 2011 I guess so I should apply by July 25 2011 right?

Once again, thanks for your help and support, I'll definitely keep you guys posted.

I would expect another biometrics appointment. Even if you don't need it to renew the EAD, you'll probably need it for the green card.

You have to wait as long as it takes, which could be days, weeks, months, or years. AOS applications submitted after the start of removal proceedings often take a long time. If I were you, I'd be prepared for this to potentially take a couple of years or more.

I have no idea where your case is currently being processed. If I had to take a wild guess it would be that your application is probably at the Fraud Detection Branch of USCIS. There may be an FDNS office in your local USCIS office. I really don't know.

Thanks Jim for your help and I'll just hang in here until I receive a good news and will definitely keep you posted

[bustedpriest 3]

Once again, thanks a lot everyone for being with me in difficult times I got a letter from USCIS day before yesterday that I have an interview date of I-485, so that sounds like a pretty good news. Now the interview is on August 15, 2011 and I am confident that it wouldn't be a problem for us since we are legally married and have a child as well. How much time do you think it's going to take until I receive my Green card? And yes one more thing, my EAD expires on Oct 25, 2011; should I apply for a new one or just wait on my GC?

Edited July 17, 2011 by bustedpriest

[JimVaPhuong 4,863]

Once again, thanks a lot everyone for being with me in difficult times I got a letter from USCIS day before yesterday that I have an interview date of I-485, so that sounds like a pretty good news. Now the interview is on August 15, 2011 and I am confident that it wouldn't be a problem for us since we are legally married and have a child as well. How much time do you think it's going to take until I receive my Green card? And yes one more thing, my EAD expires on Oct 25, 2011; should I apply for a new one or just wait on my GC?

Don't bother applying for a replacement EAD. Your green card, if approved, will arrive before your EAD will expire.

If I were you I would be preparing for a potential Stokes interview. You're not out of the woods yet.

[dm559 34]

I was reading this post with great interest and it ended. Is there an update? How did the interview go? Did you get your GC?........

Don't bother applying for a replacement EAD. Your green card, if approved, will arrive before your EAD will expire.

If I were you I would be preparing for a potential Stokes interview. You're not out of the woods yet.

[DandT14 272]

His timeline shows his AOS was approved 8-17-11. So I guess it went pretty well.

[grrrrreat 109]

I was reading this post with great interest and it ended. Is there an update? How did the interview go? Did you get your GC?........

This is an old post but it looks like he successfully adjusted. I think his initial problem is that once you are in removal proceedings, USCIS cannot grant an I-485. Only the immigration court can grant an application to adjust status. Here's the quote from the field manual:

In the case of any alien, other than an arriving alien, who has been placed in deportation proceedings or in removal proceedings, the immigration judge hearing the proceeding has exclusive jurisdiction to adjudicate any application for adjustment of status the alien may file. USCIS may adjudicate an adjustment of status application filed by an alien, other than an arriving alien, who is in removal proceedings only if the immigration judge terminates the removal proceedings.

The best thing in this situation is to file the I-130 and ask the DHS lawyer to agree to dismissal of the removal proceedings with the immigration judge's consent. Once that happens, you are free to file I-485 in the normal way.

Based on OP's description, the immigration judge delayed the proceedings but did not terminate them pending approval of the I-130. As a result, the lawyer should not have filed I-485 with USCIS initially. Hopefully DHS did eventually agree to terminate the removal proceedings and let OP file the I-485 normally (probably once I-130 was approved). If not, you can still file I-485 with the immigration judge.

One important distinction is that you're not normally eligible for ancillary benefits like I-131 and I-765 if the I-485 is filed "defensively" (in removal proceedings) rather than "affirmatively" (with USCIS before removal proceedings begin).

[ELOE 14]

Hi, we wondering if you have any update on your green card case, was it granted?

[akihon 129]

His timeline shows his AOS was approved 8-17-11. So I guess it went pretty well.

Hi, we wondering if you have any update on your green card case, was it granted?

[bustedpriest 3]

Hi everyone,

I am really sorry that I could not post on this thread earlier. Well, my first interview for temporary GC went good, officer was nice, he did not even interview my wife, just me for about 15 minutes. After 2 years I filed for the 10 years GC (removal of conditions) and sent all the proofs I could along with the application. I received my permanent GC within 127 days, no RFE, no interview whatsoever. Finally I just applied for citizenship (N-400) about a month ago, hence the reason I am back on this forum looking at other people's timelines Please feel free to ask me anything, I would love to help everyone here

[TBoneTX 45,284]

Thanks for returning with the good news and your offer of help.