Question re NTA and re-filling a i-130&i-485

[BeenSoLong 7]

13 minutes ago, Family said:

The NTA will be dismissed, but ICE or the court could re calendar just to await I-130 approval , brrr I don’t wish any more what if’s for you, no matter how small the chance…and you have a chance to get your I-130 approval expedited. 
 

Make sure your I-130 evidence includes the kitchen sink , including sworn / notarized affidavits from family/friends / neighbors and community ( church..)…and of course Bonafide Marriage Exemption Request. 
 

Feeing in the I-485 w the court ( at the same time as the motion to terminate/dismiss) is of course done with just the I-130 receipts..is a way to have all your ducks in a row preemptively and avoid yet another I-485 “ processing delay” .

 

If you cannot manage to get your attorney to fee in the I-485 ( w court), I would even do an I-485  ( plus I-765 and by now you should qualify for I-864 W ). …filing w USCIS the moment you get I-130 receipt, on the off chance that they accept the filing . At most they can reject it claiming jurisdiction is w EOIR but if it gets accepted you are still ahead of the wait. 
 

Definitely, get your PEBES Social Security Earnings Report and do I-864 W if you have 10 years of work credits so you can come in fully vested in the system.

 

 

Thanks family, I will submit this I-130

as soon I get my marriage certification. 

[BeenSoLong 7]

How hard is to file a i-130 by myself without an attorney? Just trying to see if I can cut down some legal fee cost. 

[mushroomspore 3,044]

2 hours ago, BeenSoLong said:

How hard is to file a i-130 by myself without an attorney? Just trying to see if I can cut down some legal fee cost. 

Given that you have not only 1 but 2 denied I-751's AND an outstanding NTA and the general messiness of your history, I think it would be wise to retain an attorney. If you didn't have the history that you do, filing a new adjustment packet wouldn't be an issue.

Edited June 17, 2022 by mushroomspore

[BeenSoLong 7]

1 hour ago, mushroomspore said:

Given that you have not only 1 but 2 denied I-751's AND an outstanding NTA and the general messiness of your history, I think it would be wise to retain an attorney. If you didn't have the history that you do, filing a new adjustment packet wouldn't be an issue.

Appreciate it, yep this can get complex 

[BeenSoLong 7]

10 hours ago, Family said:

There no reason to delay either your marriage or filing the I-130. It is in your best interest to move this process as quickly as possible, as you already missed the window of opportunity to file the I-130/I-485 directly w USCIS and avoid the court. That window was open once I-751 was denied and before they lodged NTA w the court. 

https://www.uscis.gov/news/alerts/uscis-issues-guidance-on-adjustment-of-status-by-aliens-whose-conditional-permanent-residence-has

You can :

1. Marry asap so you can file I-130. ( you can still hold the October marriage ceremony/ celebration ) 

2. File I-130 with Request for Bonafide Marriage Exemption ( simple format statement that gets notarized) and include good evidence of relationship/ bonafides …after all these years and interviews, you know what they are looking for.

3. With the I-130 receipts in hand , reach out to OPLA / ICE and ask them to join in motion to terminate/ dismiss, since you qualify to readjust based on Matter of Stockwell .

4. Once you the I-130 receipt, you need to prepare I-485 and “ fee it in “ at the same time as the motion is filed. Everyone balks at the challenges of feeing in w court, but it can be done and some are  simply not familiar with it 

4. Doing this now / asap may expedite your I-130 processing/ decision and you could have an approved I-130 on hand by Jan 2023 at which point the Judge will most likely offer to dismiss proceedings and you go on your merry way to await I-485 w USCIS. 

I am sorry your attorney missed the window of simplify filing the new I-130/I-485 , since Matter of Stockwell has been in place since November, 2019, but maybe you were not ready to remarry/ readjust…

 

But now that you are, above steps will help avoid any more delays 

 

 

 

Family,

I have read your post over and over, and i have few questions.

 

1. do I get to keep my existing GC during all this process? meaning legal to work/travel, ect.

2. can I reach out to OPLA/ICE for a joint in motion to terminate or this has to be filed by my attorney. 

3. when you say "fee it in", are you referring that i can request to review my i-485 petition? and possibly approving it. 

 

thanks once again. 

 

[Family 4,094]

5 hours ago, BeenSoLong said:

Family,

I have read your post over and over, and i have few questions.

 

1. do I get to keep my existing GC during all this process? meaning legal to work/travel, ect.

2. can I reach out to OPLA/ICE for a joint in motion to terminate or this has to be filed by my attorney. 

3. when you say "fee it in", are you referring that i can request to review my i-485 petition? and possibly approving it. 

1. You can Infopass and ask for a stamp in your passport, while you are in removal, uphill battle but doable. 
 

2. You first need to have the I-130 filed, and need to do a bang up job , IF you are DIY ing it…

Here is how to request PD / prosecutorial discretion:

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

 

3. “ fee in” means paying the new I-485 filing fee to the court. No they won’t review it, once removal is dismissed, it gets sent to USCIS for regular processing .

 

Hopefully you search your area for low cost or pro bono legal help, for example: 

https://www.immigrationadvocates.org/nonprofit/legaldirectory/organization.407743-Casa_Esperanza

 

[Family 4,094]

Under no circumstances should you travel outside the US while in removal proceedings !…and even when removal is dismissed, you MUST wait and get an I-131 approved based on your new adjustment….sorry just saw that question. 

[BeenSoLong 7]

5 hours ago, Family said:

1. You can Infopass and ask for a stamp in your passport, while you are in removal, uphill battle but doable. 
 

2. You first need to have the I-130 filed, and need to do a bang up job , IF you are DIY ing it…

Here is how to request PD / prosecutorial discretion:

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

 

3. “ fee in” means paying the new I-485 filing fee to the court. No they won’t review it, once removal is dismissed, it gets sent to USCIS for regular processing .

 

Hopefully you search your area for low cost or pro bono legal help, for example: 

https://www.immigrationadvocates.org/nonprofit/legaldirectory/organization.407743-Casa_Esperanza

 

1.I see, I already have a valid stamp now until Jan/2023.

 

2.Seems kind of complex filing this motion with ice, I will do this via my attorney.

 

3. Isn’t the same thing paying the fee to the Uscis vs the court? Even if the court accept this, this case will be reviewed by Uscis . And I will need to wait for them to review this according to their timeline. 
 

—— 

 

per my attorney, he says that even if I have a denied ROC and NTA, I am still a LPR, with all the benefits such as (work, travel). I stay as a LPR until the judge takes action and takes it away from me. 
 

i guess it will be different if I have an excruciated removal proceeding, which mean I’m legally to be deported. 

 

 

[Family 4,094]

Good choice, it’s not simple and as you can see just understanding  #2 ( feeing in w EOIR) seems confusing to most…

 

[BeenSoLong 7]

3 hours ago, Family said:

Good choice, it’s not simple and as you can see just understanding  #2 ( feeing in w EOIR) seems confusing to most…

 

I found this online for anyone who is going through similar situation.

 

https://legalaidnyc.org/get-help/immigration-deportation/what-you-need-to-know-about-traveling-abroad-as-a-non-citizen/

[Rocio0010 5,582]

Do as I told you and join Jim Hacking’s show

[BeenSoLong 7]

Just a quick update. I did my marriage ceremony today and will expect the marriage  certification soon. 
 

i have been reading some old i 751 denial posts and I am not sure if things have changed but I saw that once my conditional GC I 751 petition is denied, it’s advisable not to travel. As I won’t be able to get back into the country. Although I have still have my expired green card and a valid stamp.

 

i have my destination wedding in Mexico later this year and my court appearance is not until 01/23.

 

Should I just refilled a new i751 waiver in order to remain as a LPR and be able to travel while Uscis is reviewing the petition?

Edited July 14, 2022 by BeenSoLong

[Family 4,094]

21 minutes ago, BeenSoLong said:

my court appearance is not until 01/23.

DO NOT TRAVEL while in removal proceedings!!!!!!!!!

[Family 4,094]

24 minutes ago, BeenSoLong said:

Should I just refilled a new i751 waiver in order to remain as a LPR and be able to travel while Uscis is reviewing the petition?

Do not file anything on your own, sorry but you really need legal help navigating this and none of the earlier posts seemed to have been clear enough. 

[mindthegap 2,592]

15 hours ago, BeenSoLong said:

Just a quick update. I did my marriage ceremony today and will expect the marriage  certification soon. 
 

i have been reading some old i 751 denial posts and I am not sure if things have changed but I saw that once my conditional GC I 751 petition is denied, it’s advisable not to travel. As I won’t be able to get back into the country. Although I have still have my expired green card and a valid stamp.

 

i have my destination wedding in Mexico later this year and my court appearance is not until 01/23.

 

Should I just refilled a new i751 waiver in order to remain as a LPR and be able to travel while Uscis is reviewing the petition?

If you have a current valid stamp, and you have not had a final order of removal by an immigration judge(at which point you would no longer be a LPR), then you are legally ok to travel.

Expect a short visit to secondary to verify your status on your return. 

 

Note: I am not a lawyer, and this, technically, does not constitute legal advice. This answer is based purely on my own experience of traveling many times after multiple denials.