Filing my I-485 and in proceedings - what should i do?

[John Kuntz 0]

Hi,

Here's my situation -

I was put in removal proceedings a year or two ago after my visa expired and when i submitted a labor certification form it was rejected. At the time I was engaged to my fiance, so after we got married, I filed the I-130 (apparently since i was in proceedings, I couldn't file the I-485 with the service), had my interview (with my wife - a US citizen), and got the I-130 approved. My immigration attorney began working on getting my case (remember at this point i was still in removal proceedings) terminated, based on the fact that I have no criminal history (never been arrested), and have an I-130 approved. A few weeks ago I got word that the government attorney had agreed to terminate the case, and he would draft up the joint motion to terminate, present it to the judge, and the case would be over. At that time, I was told, I could file the I-485 paperwork (or they could file it for me). That motion to terminate hasn't come back yet (so I guess the case is still pending), but any day now it should be completely terminated.

My question is - with the case terminated, could I not just fill the paperwork out myself and submit it? My sister did it a year or two ago and got her greencard without incident. It would save me several thousand dollars. I am confident that with the right research I could fill the paperwork out easily, but would it be as simple as just filing with the service? With my case terminated, that's all, right?

Thank you

John

[Kathryn41 3,205]

Topic has been moved from AOS from a family based visa entrance to AOS from a Work, Student and Tourist visa entrance as OP appears to have been on a work visa

[John Kuntz 0]

This is a family based visa entrance. I never entered the country on a work, student or tourist visa.

I married my wife, who is a US citizen, and thus it's familiy based.

Please move the topic back.

[belinda63 3,046]

Question....what kind of visa did you enter with?

[Penguin_ie 5,996]

Are you saying you entered on a K1 (fiance visa) but didn;t marry the petitioner, your now-wife, until after it expired?

[John Kuntz 0]

The visa I entered with was 20 years ago when I was a small child - i'm not sure what it was, but my dad entered on a work visa, and i entered with him. L2 visa I'm pretty sure.

Started the labor certification process ~6-7 years ago, but after I got married, i abandoned that process, and started going for the greencard (I130 and I485).

I am currently 'out of status' (i.e. entered on a visa but it expired)

Edited December 27, 2011 by John Kuntz

[John Kuntz 0]

I do want to add that whatever visa I entered into this country on is irrelevant, as right now my question is regarding a change of status based on the fact that i'm married to a US citizen.

[Penguin_ie 5,996]

It is relevant because the issues may have will depend on the type of visa you entered. For example if you did enter on a K1 and married the original petitioner but after the 90 days, this will be a different process from if you entered on a tourist visa, not knowing your wife at the time, overstayed, and met her later. It would also be useful to know why you were put in removal proceedings, and how far this went. The questions you face at interview will be different. However, as a short answer- yes, you can file by yourself, but anyone who has been in removal proceedings faces an uphill struggle, so personally I'd recommend a lawyer, especially if you are not comfortable sharing the details of your case here so we can advice you properly. At the very least, get a couple of free first consultations with lawyers.

Also, we have two forums- one for those who adjust status from a family visa (K1 or, rarely, K3), and those who adjust from other visas or the visa waiver program. Kathryn moved your topic because you give no indication that you came in on a K1. Your answer above shows that the move was correct, as you came in on a dependant visa from a employment visa, NOT on a family visa that you are trying to adjust directly from.

Edited December 27, 2011 by Penguin_ie

[John Kuntz 0]

It is relevant because the issues may have will depend on the type of visa you entered. For example if you did enter on a K1 and married the original petitioner but after the 90 days, this will be a different process from if you entered on a tourist visa, not knowing your wife at the time, overstayed, and met her later. It would also be useful to know why you were put in removal proceedings, and how far this went. The questions you face at interview will be different. However, as a short answer- yes, you can file by yourself, but anyone who has been in removal proceedings faces an uphill struggle, so personally I'd recommend a lawyer, especially if you are not comfortable sharing the details of your case here so we can advice you properly. At the very least, get a couple of free first consultations with lawyers.

Also, we have two forums- one for those who adjust status from a family visa (K1 or, rarely, K3), and those who adjust from other visas or the visa waiver program. Kathryn moved your topic because you give no indication that you came in on a K1. Your answer above shows that the move was correct, as you came in on a dependant visa from a employment visa, NOT on a family visa that you are trying to adjust directly from.

I have to disagree with you. At this point, regardless what visa I entered the country on, I'm filing for adjustment based on the fact that I am married to a US citizen. Also, if you read my original post, you'll notice that I've already been through the interview process, already had the I-130 approved, etc.

The visa I came into the country on has long expired. And by long I mean 20+ years.

As to why I was put in removal proceedings - there's one reason and one reason only why someone is put in removal proceedings - because they do not belong in the country. That was the case with me - even though I had submitted my labor certification, I was still uneligible to reside in the country and thus was put in removal proceedings.

I understand very few people (yourself included i'm assuming) are actually lawyers, and so I don't expect legal advice from any of you. I just wanted to know if the I-485 is something that anyone can submit, even if they were at one point in removal proceedings.

[Penguin_ie 5,996]

Definitely not a lawyer

Yes, anyone can submit the forms. Most people do it themselves, but most people have easier cases than you.

[kzielu 1,149]

I have to disagree with you. At this point, regardless what visa I entered the country on, I'm filing for adjustment based on the fact that I am married to a US citizen.

And in this process you have to prove you entered the country with inspection and reproduce proof of this - for example I-94. There are also several places where you need to indicate what your status was / is.

I understand very few people (yourself included i'm assuming) are actually lawyers, and so I don't expect legal advice from any of you. I just wanted to know if the I-485 is something that anyone can submit, even if they were at one point in removal proceedings.

Your case is one for a lawyer and being you I would be talking to one rather than seeking advice on a forum.

[Soapz 14]

John, I think what we are trying to explain is that when you last entered the US you were most likely on a L-2 or a H-4 visa - entering as a family member of an L-1 or H-1B visa. That is the only visa you have - just because you married a citizen doesn't change the visa class. The other forum is for people that enter the country with a K - visa as in they got married and are outside the country and then enter with a family-based visa which is usually a K- visa. So, yes, your post is in the right section now.

If i understand correctly, you can of course file the I-485 yourself without a lawyer but from what I read USCIS will want the paperwork from the removal proceedings. Also, even though your I-130 was approved, you will probably have to file the I-864, I-693 and the I-765 if you haven't already done so.

To make sure on how to proceed I would most likely schedule an Info-pass appointment to find out if USCIS has received your file from ICE. Until USCIS does receive the termination you fall under the jurisdiction of the Judge (I think there was a change in May 2006 regarding removal proceedings and AOS).

Other than that, I do agree with Kzielu, see a good immigration lawyer for a first consultation before you do anything else. Good luck!

[JimVaPhuong 4,863]

I have to disagree with you. At this point, regardless what visa I entered the country on, I'm filing for adjustment based on the fact that I am married to a US citizen. Also, if you read my original post, you'll notice that I've already been through the interview process, already had the I-130 approved, etc.

The visa I came into the country on has long expired. And by long I mean 20+ years.

As to why I was put in removal proceedings - there's one reason and one reason only why someone is put in removal proceedings - because they do not belong in the country. That was the case with me - even though I had submitted my labor certification, I was still uneligible to reside in the country and thus was put in removal proceedings.

I understand very few people (yourself included i'm assuming) are actually lawyers, and so I don't expect legal advice from any of you. I just wanted to know if the I-485 is something that anyone can submit, even if they were at one point in removal proceedings.

It's relevant because the process is not the same. Someone who entered with a K visa and adjusts status does not need to submit an I-130 petition, and may not even be interviewed. There's also different evidence they are expected to submit with their I-485. You didn't enter with a "family based visa", and you're not adjusting status from an entry with a "family based visa", so the process you will go through is the same as the process for anyone else who entered with a work, student, or tourist visa. Actually, since the other sub-forum applies almost exclusively to K visas the admins should probably change the name of the two sub-forums to "K visa" and "other than K visa".

There are actually a variety of reasons people are put into removal proceedings, and not all of them will be eligible to adjust status. You were put in removal proceedings because you overstayed, and not because you've become inadmissible since you arrived in the US. Someone who committed a felony would be put into removal proceedings because they became inadmissible since they arrived in the US, and would not be eligible for adjustment of status. Likewise, someone who entered without inspection by walking across the border might be placed in removal proceedings, but would be ineligible to adjust status because of the unlawful entry. Yes, all are in removal proceedings because "they don't belong here", but one is eligible for relief and the others are not. It sometimes becomes important to know why someone is being removed in order to give applicable advice.

You can submit the I-485 yourself. These are usually submitted to the immigration judge in removal proceedings. If the motion to terminate is accepted I'm not sure if you would submit to USCIS or to the immigration judge. You might want to pose this question to your attorney before you fire him. On that note...

I understand the desire to save money, but it sounds like your immigration attorney has done a pretty good job until now. Your situation is not very common here on VJ, and you're not likely to find a lot of other members who've gone through the same thing. If I were in your shoes I would keep the attorney if I could possibly afford him.