An outside normal processing time service request

[Verrou 1,962]

Perhaps anyone can answer my question :

 

backstory : 

removal proceeding ( asylum)  & marriage with US Citizen

 

11/30/20 spouse filed for i130 - Potomac ( hasnt been approved ), they took our money on 12/28/20 and case has been currently review by uscis ( thats it, they only change the status because they took our money that day) since then. no change, nothing

02/07/22 filed i485 - NBC 

 

03/14/22 checked uscis processing time i130  in potomac. and it said they are doing PD 3/4/2021 ( jumped 6 months within a day )

so our i-130 petition date  become " outside normal processing time ". tried to file inquiry from uscis website but after spouse pressed the button to send, it said "it still currently within normal time). which is not because they are already doing receipt date for 03/04/21.

 

3/14/22 chat emma and please look at the screenshot. basically the chat emma agent said, ' you cant inquire anything, because u filed ur i-485 last month, so your i-130 PD date is irrelevant and it follow i-485 PD. we ( USCIS) also cant do anything because currently ur case move from potomac to NBC adding comment that outside processing time request doesnt speed up my case, and the only service request that will speed up a case is expedite case" but at the bottom of the chat he also said " expedite request are being denied at this time"

 

so all this time we waste 16 months for nothing? we cant raise enquiry ? what if i never apply for i-485 ?

im so frustated right now. the only reason we file standalone i-130 because i currently in removal proceeding and need the judge to dismiss the case before proceed with i-485.

the only reason i-485 was filed last month because there's s some changing in ICE/OPLA last year, PD ( prosecutorial date ) is back. but if i can get i-130 approved, we can by pass the step of sending documentation to OPLA and go straight to the judge 

 

3/30/22 i tried to file for outside processing time again and we got the generic response " thank you for your request" USCIS will review and process the request

 

nowwwww it made me thinking and questioning if what the chat emma guy said true or not? since today the request goes through.

 

so my question is ( sorry its long and winding road but ive been in limbo for 17 months now ) 

1. is it true there's no point of filing outside normal processing time request? if theres no point, why they have form for that?

2. and we can file expedite request but USCIS will denied almost everything ( see the screenshot ) so again? whats the point then?

3. is it true that USCIS wont look at i-130 PD because i happened to file i-485 last month? 

 

p.s i have a lawyer

 

thanks ! 

 

 

 

 

[Boiler 45,522]

I thought an I 485 can only be filed with the Court and not USCIS and not until the I 130 had been approved.

 

Something you need to discuss with your Lawyer.

[Verrou 1,962]

57 minutes ago, Boiler said:

I thought an I 485 can only be filed with the Court and not USCIS and not until the I 130 had been approved.

 

Something you need to discuss with your Lawyer.

no. i-485 can be filed with USCIS but cant be approved during interview if imigration judge havent terminate the asylum case.

 

im just looking for guidance about the questions regarding of chat emma said : 

 

1. is it true there's no point of filing outside normal processing time request? if theres no point, why they have form for that?

2. and we can file expedite request but USCIS will denied almost everything ( see the screenshot ) so again? whats the point then?

3. is it true that USCIS wont look at i-130 PD because i happened to file i-485 last month? 

[arken 4,197]

36 minutes ago, Misscloud said:

 

1. is it true there's no point of filing outside normal processing time request? if theres no point, why they have form for that?

Usually they will consider the request to look into what's happening but that doesn't mean it will be processed soon. They may provide you the reason of delay or simply say it is still getting processed. In your case like Emma said, your i130 has likely been merged with i485 so asking for i130 has no meaning as long as i485 is processing. It's saying if it goes to interview, the officer will review i485 n i130 both.

 

36 minutes ago, Misscloud said:

2. and we can file expedite request but USCIS will denied almost everything ( see the screenshot ) so again? whats the point then?

You can expedite but you have to have a proper reason for expedite. Requesting expedite due to going out of processing time will be denied for sure.

 

 

36 minutes ago, Misscloud said:

3. is it true that USCIS wont look at i-130 PD because i happened to file i-485 last month? 

May be, it is possible they could merge i130 with i485 to look at together or it could process it individually as well.

[Family 3,988]

On 3/30/2022 at 1:55 PM, Misscloud said:

can be filed with USCIS but cant be approved during interview if imigration judge havent terminate the asylum case.

I-485 cannot be filed w USCIS while person is in Removal ( as in your case) or if they have admin closure ( not your case)
USCIS has no jurisdiction …so even if they took the app and fee ..it will just sit there till someone looks and sees applicant is in removal xxx..Sorry but friend Emma may be off and responds to General Questions…

Your I-130 expedite should be to reach out to ICE , ask if they will help mention the 2010 memo ..

 

I-485 while in removal can be “ feed in” ( not w Chicago Lock Box ) when getting ready but that would Require a basis for I-485 ( approved I-130, or approved I-360 for example) and then a I-485 ( w no,fee ) included in the Motion To Join/ Non Oppose to Opal and Motion To Termite to Court.

 

@Demiseand @Penshave both been through the experience, perhaps they shall clarify what I missed

[Family 3,988]

On 3/30/2022 at 1:55 PM, Misscloud said:

485 can be filed with USCIS but cant be approved during interview if imigration judge havent terminate the asylum case.

D. Jurisdiction

USCIS has the legal authority to adjudicate most adjustment of status cases. An immigration judge (IJ) of the Executive Office for Immigration Review (EOIR) has jurisdiction in certain situations.^[18] Except if the applicant is an "arriving alien," the IJ (and not USCIS) has jurisdiction if an applicant is in removal proceedings, even if the proceedings have been administratively closed or if there is a final order of deportation or removal which has not yet been executed.^[19]

[Verrou 1,962]

On 3/31/2022 at 7:43 PM, Family said:

D. Jurisdiction

USCIS has the legal authority to adjudicate most adjustment of status cases. An immigration judge (IJ) of the Executive Office for Immigration Review (EOIR) has jurisdiction in certain situations.^[18] Except if the applicant is an "arriving alien," the IJ (and not USCIS) has jurisdiction if an applicant is in removal proceedings, even if the proceedings have been administratively closed or if there is a final order of deportation or removal which has not yet been executed.^[19]

just had my interview last week. 

 

PD for i-130 : 11/30/20 ( never approve)

PD for i-485 : 2/7/22

scheduled for interview : 5/19/22 

interview date : 6/28/22

 

I-130 approved on the spot and i-485 administrative closure and can be open after i got the termination letter from the immigration judge ( need i-130 approval letter for that) 

 

interview scheduled at 1.15 pm, I showed up at 12.50 pm, super empty office, checked in, gave the checked in staff my interview letter , no need to take out my shoes because I wear dressed shoes, and wait. the immigration officer called my name at 1.30 pm. She brought me & my husband to the office.

 

She asked for : my passports. I brought 3 passports ( current, the one when I used to enter USA, and the other one with my B1/B2 visa) and she checked it all. offered her if she wants to check my 3 EAD's, she said " no need, wow u have a lot of EAD .She asked me if I have other evidences to submit. I gave her my huge stack of evidences with the index tabs ( roughly about 500 pages of new evidences worth for 18 months like : joint checking account, joint credit cards, tax transcript, health insurance, dental insurance, 14 new photos, etc  ) + 2 photo albums, from the wedding and also early in our relationship. Told her " you can pick and choose which evidences you want to take" . She also asked for medical i-693 and I told her I already submitted with the initial package, does she want to have the copy that i have and she politely said no.

 

She said that she can only conduct interview for i-130 ( no surprise here) and cant processed i-485 because of my removal proceeding with immigration court. I-485 will be Administrative Closure. i said yes, understood.

 

Then she took our oath and started the interview. Im surprised she didn’t even separated us ( im 100% sure the IO will separate us before I came because of my case ). She also took my pictures + finger prints.

 

Her questions is simple like :

-          Have I ever leave US since I arrived. ( the answer is No)

-          When did you meet, How did u guys meet, where did u have first date

-          When do you move in together

-          Any proposal or engagement or just talk about it kind of thing for the marriage

-          Who’s the people on the wedding ( referring from the photo albums, asking question specifically pointed her finger to the flower girl in the picture )

-          Where do u live and do you have neighbours ( apparently IO live in the area because she can  describe the landlord’s dog who often is at  the porch and the bakery next door to our apartment)

-          Has my husband come to my home country yet ? ( obviously no because im in removal proceeding)

-          What’s the plan in the future, planning to move or ? I answered I aint moving anywhere I want to go to that law school

 

Just like conversation/small talk with nice stranger, and doesn’t feel like interrogation. Most questions didn’t address to specific person, and boy my husband talked a lot LOL. He mostly answer all her questions, which is good because this is his petition.

 

I found out she’s a lawyer & graduate from the same school of law that I also applied, and this week actually is going to  be her last week working with my  field office.

 

During the whole time of the interview, she keep flipping around my “black-hole thesis”  ( extra evidences) IO quite surprised when my husband told her I made the “thesis” myself without the help from our attorney. She commented “ It’s nicely done, im very impressed”

 

At the end of the interview, IO said ” im going to approve this petition and im going to keep all of this extra evidences ( she returned the photo albums, though I have extra newer pictures on the stack that she kept ) Unfortunately we cant approved ur I-485 today”. Again im not surprised, I’m well aware USCIS wont be able to approve my GC application without the termination of the removal proceeding. I swear that If im not on removal proceeding, she will approve my GC application on the spot. Oh well….

 

Also im quite shocked when she told me she will take all the evidences. I thought she’s going to pick and choose things that she wanted and she gave the rest back to me. Im very glad she did take it all.

 

Offered her if she need to see all the original documents that I brought like marriage certificate, birth certificate, all EAD etc and she said no need. When she walked me out, she said she will need to scan the whole extra evidences, and I keep apologizing to her because it is so thiccc LOL. IO actually mentioned 3 times, that she’s going to approve this petition. i keep apologizing that she need to scan all the extra evidences, and she responded " dont be, its my job"

 

Total interview is 35 mnts. Got out at 2.05 pm

 

approval letter shown on myuscis acccount on 6/30/22

 

 

Edited July 6, 2022 by Misscloud

[Family 3,988]

Congratulations, am happy your I-130 got approved. I-485 as expected, they admin closed till your removal proceedings are terminated/ dismissed. 
 

But your attorney still needs to reach out to OPLA  ( just a short email and copy of  I-130 approval ) and ask that they join or not oppose the motion to the court which would be a motion to calendar and motion to terminate based on new relief ( approved I-130). 

https://www.ice.gov/doclib/about/offices/opla/requestPD_QRC.pdf

 

Edited July 6, 2022 by Family

[Verrou 1,962]

4 minutes ago, Family said:

Congratulations, am happy your I-130 got approved. I-485 as expected, they admin closed till your removal proceedings are terminated/ dismissed. 
 

But your attorney still needs to reach out to OPLA  ( just a short email and copy of  I-130 approval ) and ask that they join or not oppose the motion to the court which would be a motion to calendar and motion to terminate based on new relief ( approved I-130). 

https://www.ice.gov/doclib/about/offices/opla/requestPD_QRC.pdf

 

They already filed for Joint motion for PD end of may 2022 before I got I-130 approval but obviously hadn’t been touched by OPLA.
 

I’m tempted to ask my lawyer to file for motion to termination now. What’s ur thought ? 

Edited July 6, 2022 by Misscloud

[Family 3,988]

2 minutes ago, Misscloud said:

They already filed for Joint motion for PD end of may 2022 but obviously hadn’t been touched by OPLA. I’m tempted to ask my lawyer to file for motion to termination now 

I am inclined to make your attorney work his royal rear off just because he should have known he can compel ICE / USCIS to get your I-130 expedited and done in a few months!!!! Brrrr remember that link I sent you in your other post. 
But, I like your spirit and fearlessness so I know you are on top of it! 

[Verrou 1,962]

13 minutes ago, Family said:

I am inclined to make your attorney work his royal rear off just because he should have known he can compel ICE / USCIS to get your I-130 expedited and done in a few months!!!! Brrrr remember that link I sent you in your other post. 
But, I like your spirit and fearlessness so I know you are on top of it! 

I even called the immigration court myself last Friday  to schedule for hearing date. The receptionist said it’s weird I don’t have appointed judge since the case was transferred from NYC to Boston in Feb 2021. They give me December 2023 ( that’s no go, I was hoping I can get earlier date so opla was forced to “touch” my case before the master hearing. SMH 

[Family 3,988]

Attorney HAS to file Motion to Recalendar /Terminate for court to even consider moving up  date .