Second opinion: Stay with the courts, or request case dismissal.

[agualimpia 1]

Hello.

 

When I (USC) married my wife (Venezuelan), she was already in removal proceedings stemming from an asylum application. 

 

- I-130 approved on March 19, 2021

- I-485 submitted on May 6, 2021

 

We submitted our AOS applications following the instructions in the attached picture. For people in removal of status, special instructions have to be followed as you can see in the document.

 

What I know:
- USCIS cannot adjudicate our case because the courts have jurisdiction over my wife. I am 100% clear on that.

 

What I would like to ask your opinions on:

- I asked our lawyer if we should petition the court to dismiss the case but we were told that at this point, it's better to stay with the court since it'll be faster than dismissing the case and informing USCIS, as we would have to resubmit the case. Is that true?

- I read online of people in similar situations to us, having their case administratively dismissed (USCIS can't adjudicate cases in removal proceedings). Lawyer Office said that this wouldn't happen to us because we followed the procedures to the letter and when it happens to people it's because they didn't follow instructions. Is that true? I would hate for our case to be closed and all this time to be wasted.

 

We do not have a date for the next hearing. The last date we had was for February 2020, and we petitioned the court to move it until the I-130 got adjudicated. They thankfully granted the request but without a new date.

 

I am saving to get a second opinion through another lawyer but for now, I hope someone here can answer our questions.