Vawa 2020 on Removal Proceedings

[PACMAN007 20]

Hi All 

 

I am in a stressful state and need to clarify some things regarding my case.

I am 2019 Vawa filer and I am in removal proceedings. My file has been transferred to status docket before an Immigration Judge in NY. 

I could not file for i485 & the combo file I765 for EAD card since the case is with the court now and will have to wait till my i360 Vawa petition is approved. 

 

My question is if my Vawa file gets approved anytime soon, will I be able to :- 

 

1) Advance my next hear date which is in 2023 and will that have any negative impact on my file?

2) Will I be able to file i485 and i765 before next hearing date?

 

I will be so grateful if anyone can guide me regarding this matter as I am unable to work since I do not have EAD and really want to apply for it as soon as God Will the Vawa gets approved. But confused what if I cannot apply for it since im on removal proceeding and the hearing date is far away.

 

Thank you in advance

Pacman

 

[HRQX 4,145]

14 minutes ago, PACMAN007 said:

Will I be able to file i485 and i765 before next hearing date?

Consult a competent immigration lawyer on when is the earliest you can file I-485.

 

Do note that the immigration court can't accept I-765 filing. You'll have to wait for receipt notice from I-485 court filing and then submit I-765 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

[Demise 1,316]

You can file I-485 and I-765/I-131 while the I-360 is pending. You can file I-485 with the court even if it's a long while until your next hearing. As long as the proceedings are pending there's no such thing as too early.

 

You'd send only the I-485 form to a special USCIS office (note, this is not a lockbox, meaning that you can't pay with card for it, only check or money order) (again, just the I-485 notice, fee payment, and G-28 if you have a lawyer, and nothing else):

USCIS Texas Service Center

Attn: EOIR

6046 N Belt Line Road Suite 485

Irving, TX 75038-0017

 

If you are unable to pay you can file a motion for a fee waiver with the judge, motions can be filed at any time. If the judge approves the motion, you'd attach the judge's order instead of check/money order.

 

They'll issue you a receipt notice for it. You will attach a copy of that receipt with the I-485 package you'll file with court and serve a copy of the I-485 package onto the ICE attorney. Ideally, you want to get these hand delivered and ask them to stamp your copy this will serve as evidence that you filed with the court.

 

Then you can file I-765 with USCIS using a copy of the receipt notice they gave you and copy of the stamped cover page of what you submitted with the court. Sent that to:

For USPS:

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

For all other carriers:

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

 

What then, well you can keep renewing the EAD in the meantime. You can try to get an advancement on the hearing (though no point in doing so before the I-360 is approved). Eventually you will get to your individual hearing, judge will most likely approve the I-485 and give you an order stating so. Then you wait a few days, schedule an infopass appointment, bring the I-485 receipt and the judge's order and USCIS should print your green card.

 

 

 

 

Edited November 17, 2020 by Demise

[HRQX 4,145]

4 hours ago, Demise said:

/I-131

Just a note that OP is not currently eligible for AP issued by USCIS. Generally, USCIS exercises discretion to issue advance parole under INA 212(d)(5)(A) to applicants who:

• Have a pending Form I-485, Application to Register Permanent Residence or Adjust Status;
• Filed their Form I-131 with or after filing Form I-485;
• Are present in the United States after being inspected and admitted or paroled; and
• Are not in immigration proceedings or under an order of deportation, removal, or exclusion.

[Klogs 0]

I want to know more on this as i am in same shoe

[PACMAN007 20]

On 11/17/2020 at 12:04 PM, HRQX said:

Just a note that OP is not currently eligible for AP issued by USCIS. Generally, USCIS exercises discretion to issue advance parole under INA 212(d)(5)(A) to applicants who:

• Have a pending Form I-485, Application to Register Permanent Residence or Adjust Status;
• Filed their Form I-131 with or after filing Form I-485;
• Are present in the United States after being inspected and admitted or paroled; and
• Are not in immigration proceedings or under an order of deportation, removal, or exclusion.

@HRQXThank you! Yes this is what my lawyer also mentioned recently. 

Thank you everyone for your answers 🙏  

[Vawa&U 70]

On 11/16/2020 at 5:49 PM, PACMAN007 said:

Hi All 

 

I am in a stressful state and need to clarify some things regarding my case.

I am 2019 Vawa filer and I am in removal proceedings. My file has been transferred to status docket before an Immigration Judge in NY. 

I could not file for i485 & the combo file I765 for EAD card since the case is with the court now and will have to wait till my i360 Vawa petition is approved. 

 

My question is if my Vawa file gets approved anytime soon, will I be able to :- 

 

1) Advance my next hear date which is in 2023 and will that have any negative impact on my file?

2) Will I be able to file i485 and i765 before next hearing date?

 

I will be so grateful if anyone can guide me regarding this matter as I am unable to work since I do not have EAD and really want to apply for it as soon as God Will the Vawa gets approved. But confused what if I cannot apply for it since im on removal proceeding and the hearing date is far away.

 

Thank you in advance

Pacman

 

We both have pretty much similar case. Keep posted .  I’m 2018 November filer.

[Sandra G. 5,057]

On 11/16/2020 at 6:49 PM, PACMAN007 said:

Hi All 

 

I am in a stressful state and need to clarify some things regarding my case.

I am 2019 Vawa filer and I am in removal proceedings. My file has been transferred to status docket before an Immigration Judge in NY. 

I could not file for i485 & the combo file I765 for EAD card since the case is with the court now and will have to wait till my i360 Vawa petition is approved. 

 

My question is if my Vawa file gets approved anytime soon, will I be able to :- 

 

1) Advance my next hear date which is in 2023 and will that have any negative impact on my file?

2) Will I be able to file i485 and i765 before next hearing date?

 

I will be so grateful if anyone can guide me regarding this matter as I am unable to work since I do not have EAD and really want to apply for it as soon as God Will the Vawa gets approved. But confused what if I cannot apply for it since im on removal proceeding and the hearing date is far away.

 

Thank you in advance

Pacman

 

You don't have to adjust status with the Immigration Court, but if you want you can wait until your hearing, or when you have your VAWA approved you should reach out to DHS to request an "unopposed motion to dismiss proceeding without prejudice",and then you will be able to adjust status with the USCIS.

 

 

 

 

 

Edited December 17, 2020 by sandranj