VAWA, Part 25

[balo101 669]

15 minutes ago, Pens said:

Hello all, I've been following this thread silently for a very long time so decided to introduce myself and a little about my case. Mine is a bit complicated but will take any advice, questions, moral support etc. Here is my timeline with only relevant dates to current case:

 

April 2012-Placed under final order of deportation in absentia. I missed my court date in removal proceedings (USC spouse didn't show up to GC interview)

April 2017-I-360 RD

October 2018-Vawa I-360 approved. MTR filed

December 2020-MTR(motion to reopen) granted, back to removal proceedings from 2012

March 2021-I-485 AOS receipt notice

March 2021-Immigration hearing in Cleveland for removal proceedings. Case was continued. Master hearing scheduled for May 2021

May 2021-Master hearing was rescheduled for August 2021

July 2021-Attorney advised me to terminate case in court and move AOS to USCIS. I was on the fence since judge seemed like he would approve my I-485. But since my attorney refused to go to court I continued with termination.

August 2021-Motion to terminate removal proceedings granted

August 2021-Filed another EAD with name change since the renewal I filed in May 2020 got lost in the mail. 

August 2021-Biometrics appointment

March 2022-Two year EAD received

March 2022-Called USCIS to schedule infopass. Awaiting callback. (I'm hoping to physically hand motion to terminate order from immigration judge to USCIS to ensure the file gets to local office for processing). I'm worried my I-485 application hasn't even made it to USCIS yet. My mom did the same a few years ago which expedited her case. 

March 2022-Filed AP as I need to travel to Spain for work conference in November

 

welcome to forum. 

@Demise has great knowledge when it comes to court stuff. Hopefully demise will be able to guide you.

 

just hang in there, very soon you will hear good news. 

[Demise 1,349]

21 minutes ago, Pens said:

Hello all, I've been following this thread silently for a very long time so decided to introduce myself and a little about my case. Mine is a bit complicated but will take any advice, questions, moral support etc. Here is my timeline with only relevant dates to current case:

 

April 2012-Placed under final order of deportation in absentia. I missed my court date in removal proceedings (USC spouse didn't show up to GC interview)

April 2017-I-360 RD

October 2018-Vawa I-360 approved. MTR filed

December 2020-MTR(motion to reopen) granted, back to removal proceedings from 2012

March 2021-I-485 AOS receipt notice

March 2021-Immigration hearing in Cleveland for removal proceedings. Case was continued. Master hearing scheduled for May 2021

May 2021-Master hearing was rescheduled for August 2021

July 2021-Attorney advised me to terminate case in court and move AOS to USCIS. I was on the fence since judge seemed like he would approve my I-485. But since my attorney refused to go to court I continued with termination.

August 2021-Motion to terminate removal proceedings granted

August 2021-Filed another EAD with name change since the renewal I filed in May 2020 got lost in the mail. 

March 2022-Two year EAD received

March 2022-Called USCIS to schedule infopass. Awaiting callback. (I'm hoping to physically hand motion to terminate order from immigration judge to USCIS to ensure the file gets to local office for processing). I'm worried my I-485 application hasn't even made it to USCIS yet. My mom did the same a few years ago which expedited her case. 

March 2022-Filed AP as I need to travel to Spain for work conference in November

 

If I recall correctly if you file I-485 with the court USCIS only gets the I-485 and filing fee and nothing else, so they have nothing to really process. Once a judge approves the I-485, USCIS just prints the green card.

 

I might be wrong but I think the correct path would be to refile the full I-485 packet with USCIS, include the termination order and prior receipt notice as proof that USCIS once again has jurisdiction and that you paid the filing fee.

[Family 4,254]

8 minutes ago, Demise said:

might be wrong but I think the correct path would be to refile the full I-485 packet with USCIS, include the termination order and prior receipt notice as proof that

So the path will depend on what the attorney asked/prepped for when IJ grants termination. 
BUT if the previously filed I-485 is still pending /“ lingering “ w USCIS then you save yourself money of refilling AND time waiting for new I-485 processing and just send copy of termination.

[Pens 19]

14 minutes ago, Demise said:

If I recall correctly if you file I-485 with the court USCIS only gets the I-485 and filing fee and nothing else, so they have nothing to really process. Once a judge approves the I-485, USCIS just prints the green card.

 

I might be wrong but I think the correct path would be to refile the full I-485 packet with USCIS, include the termination order and prior receipt notice as proof that USCIS once again has jurisdiction and that you paid the filing fee.

Hello Demise. Thanks for your response. So my attorney supposedly sent an expedite request with the Senator. He said to check back in a couple of weeks. If the I-485 cannot be expedited he said another option is to refile I-485 with USCIS with a new fee. Atp I'm just trying to find the fastest route to be able to travel in November. 

[Pens 19]

5 minutes ago, Family said:

So the path will depend on what the attorney asked/prepped for when IJ grants termination. 
BUT if the previously filed I-485 is still pending /“ lingering “ w USCIS then you save yourself money of refilling AND time waiting for new I-485 processing and just send copy of termination.

Yes so my issue is I'm worried filing a new one could take even longer than waiting for the one that's currently pending. Even with attaching the previous receipt notice and copy of termination. 

[Demise 1,349]

3 minutes ago, Pens said:

Hello Demise. Thanks for your response. So my attorney supposedly sent an expedite request with the Senator. He said to check back in a couple of weeks. If the I-485 cannot be expedited he said another option is to refile I-485 with USCIS with a new fee. Atp I'm just trying to find the fastest route to be able to travel in November. 

File I-131 and ask for expedite on that then. I-485 remains pending until it gets some sort of decision on it. USCIS doesn't give AP to people in removal proceedings but well you're not in removal proceedings anymore.

[Pens 19]

2 minutes ago, Demise said:

File I-131 and ask for expedite on that then. I-485 remains pending until it gets some sort of decision on it. USCIS doesn't give AP to people in removal proceedings but well you're not in removal proceedings anymore.

I filed I-131 yesterday. Do you know what the process is for expediting? Wondering what other's experiences have been with filing AP recently. I know EAD processing times seem to be getting better but not sure about AP.

[Demise 1,349]

Just now, Pens said:

I filed I-131 yesterday. Do you know what the process is for expediting? Wondering what other's experiences have been with filing AP recently. I know EAD processing times seem to be getting better but not sure about AP.

Basically same as I-485 expediting, raise your reasons to your senator, have them forward it to USCIS and see what happens.

 

For emergency expediting (like life or death, major loss of assets kind of scenario) - grab evidence to substantiate your claim, fill out I-131, bring a check for the filing fee (just in case, don't know if they need those if you have a pending I-485), schedule an infopass and make your case to the agent in person.

[Family 4,254]

1 minute ago, Pens said:

Even with attaching the previous receipt notice and copy of termination. 

Are your removal proceedings TERMINATED? 
If not, then you are focusing your efforts and worrying about inconsequential issues at this stage. 
And you are right in considering that a new I-485 ( w USCIS) will require MORE time .

Adjusting in front of court IS a different process AND it’s best you have your attorney clarify what he will do.. 

[Pens 19]

2 minutes ago, Demise said:

Basically same as I-485 expediting, raise your reasons to your senator, have them forward it to USCIS and see what happens.

 

For emergency expediting (like life or death, major loss of assets kind of scenario) - grab evidence to substantiate your claim, fill out I-131, bring a check for the filing fee (just in case, don't know if they need those if you have a pending I-485), schedule an infopass and make your case to the agent in person.

Thank you. I'll look into expediting

[Pens 19]

9 minutes ago, Family said:

Are your removal proceedings TERMINATED? 
If not, then you are focusing your efforts and worrying about inconsequential issues at this stage. 
And you are right in considering that a new I-485 ( w USCIS) will require MORE time .

Adjusting in front of court IS a different process AND it’s best you have your attorney clarify what he will do.. 

My removal proceedings have been terminated since last August...

[2020filer 74]

Update on my EAD guys if you’re interested to follow my quest:

got an email from senator saying they called USCIS and they received a message to put me in expedite line. Not sure how long will take from there. 
timeline:

applied for EAD renewal May 2021 

[balo101 669]

38 minutes ago, 2020filer said:

Update on my EAD guys if you’re interested to follow my quest:

got an email from senator saying they called USCIS and they received a message to put me in expedite line. Not sure how long will take from there. 
timeline:

applied for EAD renewal May 2021 

I am not sure why would they put in expedite line? They should have approved your case by now. I have seen many June/July 2021 approved already. That is ridiculous from their end. 

[Family 4,254]

32 minutes ago, Pens said:

My removal proceedings have been terminated since last August...

I just looked at the excellent timeline and clear outline of the filings and am wondering if the I-485 receipt ( May 2021 , same day as a court hearing) is perhaps just a 42-B filling since you were IN REMOVAL and could not file w USCIS. https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir42b.pdf

Though it says “I-485 “ it is not for the $1,225 filing fee and I assume you do not have a copy of completed (I-485/approved or new I-130 / I-864 and supporting docs (?)..not because attorney failed to do /file those ..simply because that is NOT where u were at that stage …link will show what I assume was properly filed.

Your attorney advised you to take Termination and Run.. don’t look a gift horse in the mouth , and good advice. 
 

NOW,  it seems after Termination, you just filed I-765/I-131 and are anxious to travel and expedite..I also assume you DID that without your attorney ( DIY) and are relying on various well wishers advice for next steps. 
 

My 3 cents on YOUR situation is :

Look at your “I-485 Receipt “ and if it is what I described…DO not travel before u fix it….cause IF the I-485 gets denied while u are out…you won’t be allowed back in , no matter how pretty that I-131 looks.

How to fix it will probably take patience:

1. File a new I-485 w copy of approved or new I-130 , whatever applies to u ALONG w I-765I- 131 / I 864  supporting docs and copy of IJ termination order…after receipts DO THE RECOMMENDED steps by VJ member @Demise to expedite 

 

2. Prepare I 485 ( include the $1,225 fee or copy of receipt if it was paid )  I 864 forms , along with copies of supporting docs , termination, copies of pending I-765/I-131  and most important copy of previously approved I-130 ..IF that is basis of adjustment… Write Supplemental Filing to Pending I-485 ( from may 2021))))))THEN WAIT before traveling ..cause u don’t want to be out and have a denial 

 

 

[Family 4,254]

 Option 1. Guaranteed success 

 

Option 2. Is pure theory that requires argument appealing to common sense / delays / possible loss of filing fees and my personal experience of hit or miss consideration..and I don’t recommend it