Moving Greencard decision out of the courts

[Ilove2laughja 2]

On 1/4/2018 at 11:17 PM, Boiler said:

Not sure I have seen a case of someone in Removal Proceedings looking to adjust who has not used a lawyer.

 

Please let us know how it goes.

Thank you!

[Ilove2laughja 2]

On 1/5/2018 at 2:54 AM, Pinkrlion said:

You need legal assistance for someone in removal proceedings, has he already been before the judge?  Or r u saying he is in removal proceedings from a denied I-485?

No this is his first time in removal proceedings. We had one before but decided we could do it ourselves. Really the lawyer doesnt have to do anything...at this stage we are waiting on the i130 approval. 

[Ilove2laughja 2]

On 1/5/2018 at 1:32 PM, missileman said:

Come on, surely you aren't looking for advice here for a case already in removal proceedings!!! 

 

I'm sorry, but that is just unbelievable....

I know it's not concrete advice but someone could have been in the same situation.

[Ilove2laughja 2]

On 1/5/2018 at 1:40 PM, sparkles_ said:

Go to the pro bono office that is near every immigration court. It's usually small and tucked away, find it on the floor/suite map of the building or ask security. You need some sort of legal help really, before you mess things up trying to DIY and then end up paying a lawyer 2x more to fix it. 

 

My husband was in removal for overstay and it was a 2.5yr process with a lawyer, I can shed some light on what you need to do....but don't know how well it can be done without a lawyer.

 

Do you have an approved i130? If so you have to seek termination of removal and have the i485 remanded to USCIS for normal processing. Are you in court because the 485 was denied and you were put into removal? That I am clueless about but know you can adjust in front of a judge via merits hearing and the judge will grant the GC. 

 

 

Basically, how did you guys get into removal? That matters to answer properly 

Do you have an approved i130? If so you have to seek termination of removal and have the i485 remanded to USCIS for normal processing. - this is my question! How does this part go? We are waiting on the i130 approval. He only overstayed his stay and got caught driving without a license. That's how he was put in removal proceedings. Otherwise no crime...clean record. This is his first time trying to adjust.

[Ilove2laughja 2]

On 1/5/2018 at 5:24 PM, Going through said:

I've come to realize during my time on VJ that nothing really surprises me anymore.

The reason i asked is for someone like Sparkles to share their story...no harm in asking...geez

[Ilove2laughja 2]

On 1/5/2018 at 1:49 PM, sparkles_ said:

 

So he overstayed, you must file a two step AOS. The i130 first must be approved, 50-50 on if you would have an interview for it. If so, it will be a stokes. During the wait time for the i130, you want to request the judge pend your case for 6mo-1yr depending on scheduling based on a processing i130....bring that proof to court. You will be pended til that is approved or denied. Once approved, you wait til your next court date and request termination without prejudice and to have your case remanded to USCIS. Have a copy of the i485 already filled out, photos, everything as a show that you are on top of it. You will either be terminated or given a merit hearing to adjust in court. Termination just means you file like anyone else but must include the form from the judge granting termination and allowing the case to be processed.  

 

I am strongly still advising you to at least have a pay by the hour legal service, or pro bono. This is like a mine field, high risk. I paid 9,000$ Total for ours and took a loan for it, you can't put a price on keeping your spouse with you ! 

 

All I said is all that I saw our lawyer do for us. I have a thread about ours where I kept tabs and updates called "visit from ICE, now going to court"  if you want to read it.

 

 

Feel free to PM me. Not many of us have posted about removal and come out the other end smiling. I see you are in Atlanta, the lawyer we used travels to Georgia as well as the Carolinas for removal issues. She works wonders. She also takes payments.....a rarity

Thank yoy so much. You seem to know exactly what Im talking about. I will PM you once I get a chance on my computer.

[sparkles_ 456]

7 hours ago, Ilove2laughja said:

Thank yoy so much. You seem to know exactly what Im talking about. I will PM you once I get a chance on my computer.

No problem. As for how you terminate, well first make sure that you have taken care of any fines for that driving without a license he got, if he got any. Nothing can be pending, and bring the proof you paid this which is a disposition letter as well as the original ticket. Plus the approved i130, and you then have to get the ICE attorney to agree to terminate.....this might be why you need a lawyer. There is basically another lawyer from the govt that is enforcing the laws of immigration and visa overstay. I have no idea what our lawyer said to that guy, but as for the judge it is as simple as asking for termination once you get your approvals from everyone needed. It may needed to be asked for in some specific, legal way, so this is why I said at least talk to a lawyer.....

 

 

Also having a lawyer can let you guys apply for a joint motion to terminate. Meaning if your i130 is approved and you have 6mo til your next court date, a lawyer would prepare documents and forward directing to the ICE attorney, if they agree they will sign off and forward to the judge, and your case is terminated without a court day. This is like 50-50 though. 

 

 

Dont worry about anyone saying you shouldn't seek any help here. By all means, seek, and message, and post because we are helping others who might have these problems after us and search the forums for any guidance or even moral support from others who have fought that battle and won  

Edited January 9, 2018 by sparkles_

[Going through 5,671]

8 hours ago, Ilove2laughja said:

The reason i asked is for someone like Sparkles to share their story...no harm in asking...geez

My response was in response to someone else who was surprised you were asking----I never said you shouldn't ask (I don't think the person I responded to was saying that either, imo, I think they were perhaps more surprised that you were not using a lawyer at this point to assist you but of course I cannot speak for them).