I-485 administratively closed with USCIS

[Iphie8 0]

Hello.

Please I need your help answering my questions. I will be grateful with any help you can provide.

Adjusting from B1 visa. Back story, My US citizen husband and I got married in May, 2019. He filed I-130 on my behalf in November, 2019 ( the mistake we made was that we didn’t file I-485 concurrently). I received an order from ICE in January, 2020 because I was out of status. We realized our mistake and decided to file AOS in July, 2020. First week of November, I received a notice from USCIS stating that my AOS case was administratively closed because I am in removal proceedings. At the same time, my EAD was approved a day before the administrative closure.  Now I am worried that I won't receive my EAD card. My initial master hearing is scheduled for July 2021. I have some questions:

1. Will I receive my EAD card, since it was approved a day before my AOS was closed? I am Still waiting for biometrics appointment.

2. Does anyone know an affordable lawyer who could help me put together the required documents for filling with the Immigration court? At this time, I am not looking for a lawyer who would represent me in court because there is a high probability that I will be moving before my next court date.

 

 

 

 

Thank you.

[HRQX 4,145]

1 hour ago, Iphie8 said:

Will I receive my EAD card, since it was approved a day before my AOS was closed? I am Still waiting for biometrics appointment.

Per policy, since you currently don't have pending I-485 USCIS shouldn't issue interim benefits (e.g. EAD, etc.).

Edited November 14, 2020 by HRQX

[Duke & Marie 1,389]

Since your AOS is closed and you haven’t had biometrics it’s not likely that the EAD will be issued 

[Iphie8 0]

Just now, Duke & Marie said:

Since your AOS is closed and you haven’t had biometrics it’s not likely that the EAD will be issued 

What if I file with the immigration court, will my EAD be issued?

[HRQX 4,145]

9 minutes ago, Iphie8 said:

What if I file with the immigration court, will my EAD be issued?

You would need to file a new I-765 after sending that new I-485 to the immigration court. New I-765 would be sent to Chicago Lockbox: https://www.uscis.gov/i-765-addresses

• You filed your Form I-485 with the immigration judge

Filing Location

USCIS Chicago Lockbox

For U.S. Postal Service (USPS):

USCIS
Attn: FBAS
P.O. Box 805887
Chicago, IL 60680-4120

For FedEx, UPS, and DHL deliveries:

USCIS
Attn: FBAS
131 South Dearborn-3rd Floor
Chicago, IL 60603-5517

Edited November 15, 2020 by HRQX

[payxibka 10,045]

17 minutes ago, Duke & Marie said:

Since your AOS is closed and you haven’t had biometrics it’s not likely that the EAD will be issued 

Lack of biometrics is not the problem 

[Iphie8 0]

7 minutes ago, HRQX said:

You would need to file a new I-765 after sending that new I-485 to the immigration court. New I-765 would be sent to Chicago Lockbox: https://www.uscis.gov/i-765-addresses

• You filed your Form I-485 with the immigration judge

Filing Location

USCIS Chicago Lockbox

For U.S. Postal Service (USPS):

USCIS
Attn: FBAS
P.O. Box 805887
Chicago, IL 60680-4120

For FedEx, UPS, and DHL deliveries:

USCIS
Attn: FBAS
131 South Dearborn-3rd Floor
Chicago, IL 60603-5517

And do I have to pay another filing fee for I-485?

[HRQX 4,145]

1 minute ago, Iphie8 said:

And do I have to pay another filing fee for I-485?

Yes

[Iphie8 0]

Just now, HRQX said:

Yes

Interesting

[HRQX 4,145]

10 minutes ago, Iphie8 said:

Interesting

It's the same amount and same payee (U.S. Department of Homeland Security) listed if you use personal check. https://www.justice.gov/eoir/list-downloadable-eoir-forms "Fee: $1,140.00 (For persons under age 14 filing with at least one parent, fee is $750.00) May have additional biometrics (fee of $85.00)"

[Scandi 4,105]

Even if your EAD would be issued by mistake, it wouldn't be valid anyway since you no longer have a pending i-485.