I-485/I-130 May be under immigration proceedings

[Kristin87 0]

My husband and I just submitted I-130, I-485, I-693, I-864, and I-765 on 9/15/2010. We just got married last May, but have been dating since 06/2003. My husband and I are both 23 years old, have 3 children together, and the validility of our relationship was well documented with the I-130. I came to the U.S. when I was 7 years old on a B1/B2 visa with my mother and overstayed. She got remarried when I was 11, eventually adjusted her status, and her husband sponsored me... he then backed out of it, and when immigration sent us an RFE, my stepdad never returned the requested documents so I was ultimately denied.

I never updated my address with immigration after I turned 18 so I'm afraid they tried to contact me or maybe sent me a notice to appear and I may be under immigration proceedings. I tried to call the immigration court hotline and put my alien number in and it said that my alien number wasn't found in their system so it makes me believe that I'm not under any proceedings... but I'm STILL paranoid

Even though we weren't sure if I was under immigration proceedings, we still filed the I-130, I-485, I-693, I-864, and I-765. I tried to call the USCIS Customer Service line and they weren't very helpful.. they just told me I would have to schedule an infopass meeting with an immigration officer for me to find out if I was under any proceedings and I don't want to risk being detained..

What I want to know is... does anyone know first hand what will happen if I am under immigration proceedings? I know that you're supposed to send the I-130 to CIS and you're supposed to file I-485 in front of an immigration judge... but I guess that's not really a option now since we've already submitted everything to CIS.

Will they just approve my I-130 and deny my I-485 and tell me I would need to face the immigration judge?? Will I have to spend another $1010 to refile the I-485 with the immigration court or will the application be transferred there? I really don't know the procedure and what may happen so I'd greatly appreciate it if someone knows first hand what will happen and someone could tell me... thank you so much!

[JimVaPhuong 4,863]

Get a lawyer. Your situation is too serious for a self-help immigration forum.

[Kristin87 0]

Get a lawyer. Your situation is too serious for a self-help immigration forum.

well, I can't really hire a lawyer for a situation that doesn't exist yet.... I've consulted one and all he told me was that he seriously doubted I was under immigration proceedings if my A# didn't come back with anything on the immigration court information line, and that If I was under proceedings, I would just need to file a motion to reopen through the court but.. like I said, I wanted to know if CIS will just return my applications back to me, or forward them to the courts or what...and if I will have to pay another $1010 again if i have to refile through the courts.... I was just asking the forum for peace of mind. I just want to be prepared and want to know if anyone had gone through the same thing.

Edited September 22, 2010 by Kristin87

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for**