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Kazulie

Filing I-130 and 1-485

By Kazulie in Adjustment of Status from Work, Student, & Tourist Visas

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Kazulie Proficient

Kazulie   132

Posted
Filed: Country: Nigeria
 Timeline
Posted

Can you file the I-130 and 1-485 jointly while in removal or did our lawyer just decide not no? Is this proper procedure or did our lawyer just set us back 5 months?

HUSBAND'S CASE

9/17/2011 - sent I-13

09/19/2011 - noa1 received

3/16/2012 - case sent to my local USCIS office for additional processing

4/21/2012 - AP. If we haven't heard from them in SIX MONTHS (omg) we can feel free to call them!!! Thanks!

9/20/2012 - Interview scheduled - October 3!!!!

10/3/2012 - Interview went well but she must look at his A-file more before decision.

10/12/2012 - I-130 APPROVED! APPROVED! APPROVED!

KIDS' CASES

04/20/2012: NOA107/20/2012: instead of an approval, we got thrown into AP. sigh

11/01/2012: Boys' I-130 interview set for November 28, 2012.

11/28/2012: I-130s APPROVED! APPROVED! APPROVED!

NVC

12/14/2012: NVC Received

12/31/2012: Case number/IIN

12/31/2012: DS-3032 sent

01/08/2013: DS-3032 accepted

01/02/2013: AOS bill0

1/03/2013: AOS bill shows PAID

01/04/2013: AOS package sent

01/09/2013: IV bill

01/10/2013: IV bill shows PAID

01/11/2013: IV package sent

01/23/2013: Case complete

02/01/2013: Interview scheduled

US Embassy Lagos

02/22/2013: Embassy received

03/01/2013: Medical

03/20/2013: Interview - was told the boys would have been approved on the spot if they had pics! Errrr :-(

04/15/2013: DNA test

05/15/2013: Emailed embassy BEGGING them to let boys drop off passports for visa insertion. IT WORKED!!!

05/31/2013: Visa in hand

06/02/2013: POE JFK!!!!!!

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favored Explorer

favored   31

Posted
Filed: AOS (pnd) Country: Nigeria
 Timeline
Posted

Can you file the I-130 and 1-485 jointly while in removal or did our lawyer just decide not no? Is this proper procedure or did our lawyer just set us back 5 months?

rather than just relying on lawyer or only what VJ pple will say, why not take the same time and check out this website (where the procedures are stated) the site is www.uscis.gov (click forms when you get there and then search for the form numbers and instructions).

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Can you file the I-130 and 1-485 jointly while in removal or did our lawyer just decide not no? Is this proper procedure or did our lawyer just set us back 5 months?

Since you are not providing any specific information - who's the petitioner, who's the beneficiary, why the beneficiary is in removal, etc. - no one can tell you if it is possible without more specific information.

Look at this; http://www.justice.gov/eoir/eoirforms/eoir42b.pdf

Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents

http://www.sfatty.com/html/adjustment.html

Adjustment of status can also be applied for during removal (deportation) proceedings as a defense in those proceedings. You must qualify and be otherwise eligible as discussed above. You must have entered the U.S. legally unless you qualified for amnesty and timely filed for permanent residency (245i). When an application for adjustment is filed in removal proceedings, the Immigration Judge (I.J.) and not the immigration service will decide whether or not to grant your adjustment. Your attorney in the removal proceedings will prepare and file your adjustment package in immigration court. The attorney will then present evidence to the IJ at your individual calendar hearing in support of your eligibility. If the I.J. should approve your adjustment, then you will become a lawful permanent resident and the removal proceedings will be terminated.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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