AOS for Wife with Asylum case pending

[agualimpia 1]

Hello,

 

I am a US Citizen. My now wife entered the US legally from Venezuela on a tourist visa. Before our marriage, she requested asylum. Unfortunately, she was referred to an immigration court. She is technically in removal proceedings. She had her first official hearing. The one where things are more like a formality. You show up with your lawyer who talks to judge and prosecutor and then you get a new date for the real hearing. A year or so after this we got married.

 

We submitted our I-130 through our lawyer. Our I-130 was approved in around 14 months. No interview required. (I can provide exact timeline if requested).

 

On May 6th 2021, we submitted the AOS I-485 through our lawyer. Because of her pending asylum case and being technically in removal status, the form had to be submitted specifically to the Texas Service Center and also the Immigration court. Our lawyer confirmed that the paperwork was submitted to the court also.

 

Right now, we are waiting for a new hearing date.

 

All that background to ask:

 

What are all the different ways this could go. It's my understanding that no matter what, things will hinge on the immigration judge as the court has jurisdiction over my wife.

 

What can we expect when we go to the next hearing (whenever that might be?) is it likely for the court to dismiss the asylum case? Are these types of hearings contentious? Do courts adjudicate AOS applications?

 

Any insight will be appreciated. It's hard to find people in our situation.

[HRQX 4,145]

9 minutes ago, agualimpia said:

Do courts adjudicate AOS applications?

Yes, the Immigration Judge adjudicates the I-485. If approved, then your wife should: https://www.uscis.gov/sites/default/files/document/guides/PostOrderInstructions.pdf

Quote

• You must call the USCIS Contact Center at 800-375- 5283 (TTY 800-767-1833) to request an appointment at your local office. USCIS no longer accepts walk-in requests for any services offered.
• To allow sufficient time for the USCIS office to receive information about your court order, please do not make your appointment any earlier than three business days after the date of your immigration court order.
• You must bring a copy of your final order granting you asylum or lawful permanent resident status when you come to USCIS to complete processing for your status and/or employment authorization documents.

[agualimpia 1]

5 minutes ago, HRQX said:

Yes, the Immigration Judge adjudicates the I-485. If approved, then your wife should: https://www.uscis.gov/sites/default/files/document/guides/PostOrderInstructions.pdf

 

Thank you for your prompt reply!

 

Is that something they do often in cases such as mine or are they most likely to just hand the jurisdiction to adjudicate off  to USCIS?

 

We are located in Central Florida. Our local USCIS office and also the immigration court are in Orlando, if that makes a difference.

 

Thank you once again.

[Cathi 5,746]

How does one enter illegally with a valid visitor visa? Do you mean she entered with a valid visa and then illegally overstayed?

[agualimpia 1]

2 minutes ago, Cathi said:

How does one enter illegally with a valid visitor visa? Do you mean she entered with a valid visa and then illegally overstayed?

Hello!

 

I think you misread. She entered legally with a tourist visa. She applied for asylum before her visa expired but since she asylum wasn't approved, then that means that she is now in removal proceedings through the court.

 

Even though now we're going through the family petition, we have to go through the court.

 

I was wondering the different ways this could go when we finally get another hearing.

 

Thank you!

[wagecuck3 31]

On 7/17/2021 at 10:41 PM, agualimpia said:

 

Thank you for your prompt reply!

 

Is that something they do often in cases such as mine or are they most likely to just hand the jurisdiction to adjudicate off  to USCIS?

 

We are located in Central Florida. Our local USCIS office and also the immigration court are in Orlando, if that makes a difference.

 

Thank you once again.

Legally, the immigration judge has jurisdiction over the I-485, but USCIS conducts the background checks. Only after this processing is completed, the IJ can review the record and make a decision. So the total time to get a green card can be quite long as it depends on both USCIS and EOIR processing capacity.

 

As for what to expect at your next hearing, that's a question for your lawyer.

[agualimpia 1]

3 minutes ago, wagecuck3 said:

Legally, the immigration judge has jurisdiction over the I-485, but USCIS conducts the background checks. Only after this processing is completed, the IJ can review the record and make a decision. So the total time to get a green card can be quite long as it depends on both USCIS and EOIR processing capacity.

 

As for what to expect at your next hearing, that's a question for your lawyer.

Thank you very much for your reply.

 

We expect to be years away from a decision given the current processing times for the Texas Service Center.

 

Is a background check done for every application? My wife submitted an asylum application that was referred to the immigration court. We have an approved I-130, and she has an EAD. 

 

As far as the hearing part, I got an it depends from him. I was just curious about the experience anyone here might have had although I know it's not a very common scenario compared to others.

 

Thank you very much!