Traveling with Advance Parole while on removal proceedings with DACA

[Demise 1,283]

9 hours ago, Family said:

 

As long as you requested OPLA to Join or Not Oppose, you just forge ahead and file …with court of jurisdiction. If you file w BIA, don’t you wait longer ..since you first wait to get on their docket  and then still wait to get on court’s…? What is your attorneys position on filing w court?

‘Tagging @Demise who after hearing crickets for too long, successfully and artfully got a gov attorney on phone and DIY the hearing .

Also tagging  @Verrou who pressed her attorney very hard to file and stop waiting.

‘As for travel..your attorney is just the right amount of cautious. Go before or wait. Don’t take for granted an unknown variable…

 

Eh just for the record. After hearing cricklets for too long from the NYC OPLA I filed a motion to recalendar and change venue to Minnesota. Then in Minnesota I filed a motion to terminate. Why, Coronado Acevedo happened midway through. Originally the plan was to just file I-485 with the court because I was tired of waiting.

 

Then the MN OPLA called me and asked to instead just do an unopposed motion to dismiss. Same thing ultimately, removal proceedings go away so I obliged.

 

Then again nothing, turns out that a FOIA I filed somehow stalled the entire case. Withdrew the FOIA; asked my senator to check with the IC in NYC, then it finally moved to MN, got a hearing date, and I refiled the unopposed motion to dismiss, then that was approved and proceedings went poof. The scheduled master hearing got canceled.

 

It never got to a hearing.

Edited August 1 by Demise

[Verrou 1,962]

9 hours ago, Family said:

As for travel..your attorney is just the right amount of cautious. Go before or wait. Don’t take for granted an unknown variable…

 

OPLA dont care about my case thats for sure. 8 months wasted, 2 times filing with OPLA Boston, they just dont care.  

 

lawyer also piece of #$@ refused to file to the court, and adamant OPLA is the only way ( it is not). he also ghosted me. keep pestering. once a week i sent the same email, with the added subject : resend 1, resend 2, resend 3, and so on.

 

2 months later that lawyer gave up and called me with excuses. i said i dont need ur excuse, just file the motion to the court. amd when u going to file? tell me the date, and not "soon".   FYI, my case is active and not admin closed. it's at the docket. i already wrote my own motion (spouse still adamant for me to find a new lawyer ) and ready to fire him. lawyer filed, 3 weeks later, my motion has been terminated (finito and not admin closed)

 

and dont go with AP especially if u are still in the court. u have been waiting for so long, why do u want to risk it? people on the internet who said " it's ok, just go" cant help u when CBP wont let u in

[Verrou 1,962]

4 hours ago, Boiler said:

Seems it comes up all the time on Hackings show

i already know his answer to travel with AP while case still in the court. no is the answer

[Verrou 1,962]

8 hours ago, mobu888 said:

Have you known/heard of anyone recently getting their removal proceedings terminated successfully with just a pending 130? I know it's a case by case basis and up to the judge, but was just wondering if you know of any. Thank you!

mixed bag. do i know personally? no. but there's 1 or 2 story on lawfully app and they shared that they got the removal proceeding terminated with pending 130. in the end of the day it really depend on ur lawyer. my lawyer doesnt even want to file motion directly to the court even when i have approved 130 let alone asked him to file to the court with pending 130. my i-130 took 19 months and that was after i shaked USCIS tree numerous time that granted me i-130 interview. if i didnt do that, perhaps still no GC now. 

 

[Boiler 45,486]

I have seen some apparently really bad cases sail through without issue.

 

And some apparently cases with minor issues get hung up.

 

I have no way of calculating what the risk factor is, I am sure there are plenty of people who have travelled and were just waived back in.

 

The only thing I can really say is if the very worst happened how would it screw your life up and would it be a risk worth taking.

[Family 3,988]

9 hours ago, Demise said:

Eh just for the record. After hearing cricklets for too long from the NYC OPLA I filed a motion to recalendar and change venue to Minnesota. Then in Minnesota I filed a motion to terminate. Why, Coronado Acevedo happened midway through. Originally the plan was to just file I-485 with the court because I was tired of waiting.

 

Then the MN OPLA called me and asked to instead just do an unopposed motion to dismiss. Same thing ultimately, removal proceedings go away so I obliged.

 

Then again nothing, turns out that a FOIA I filed somehow stalled the entire case. Withdrew the FOIA; asked my senator to check with the IC in NYC, then it finally moved to MN, got a hearing date, and I refiled the unopposed motion to dismiss, then that was approved and proceedings went poof. The scheduled master hearing got canceled.

 

It never got to a hearing.

My favorite part of your story is that you fired..oops filed 😂 fast and on target, without having to debate strategy with your legal team. But you are super sharp and prepped w attorney for the last round. ..Well done!

[Family 3,988]

9 hours ago, Verrou said:

OPLA dont care about my case thats for sure. 8 months wasted, 2 times filing with OPLA Boston, they just dont care.  

 

lawyer also piece of #$@ refused to file to the court, and adamant OPLA is the only way ( it is not). he also ghosted me. keep pestering. once a week i sent the same email, with the added subject : resend 1, resend 2, resend 3, and so on.

 

2 months later that lawyer gave up and called me with excuses. i said i dont need ur excuse, just file the motion to the court. amd when u going to file? tell me the date, and not "soon".   FYI, my case is active and not admin closed. it's at the docket. i already wrote my own motion (spouse still adamant for me to find a new lawyer ) and ready to fire him. lawyer filed, 3 weeks later, my motion has been terminated (finito and not admin closed)

 

and dont go with AP especially if u are still in the court. u have been waiting for so long, why do u want to risk it? people on the internet who said " it's ok, just go" cant help u when CBP wont let u in

And let’s not forget that you literally called over 20 attorneys to try and convince one to file . ..you were so frustrated you considered law school😂 Go get em Tiger!

[Demise 1,283]

2 hours ago, Family said:

My favorite part of your story is that you fired..oops filed 😂 fast and on target, without having to debate strategy with your legal team. But you are super sharp and prepped w attorney for the last round. ..Well done!

Yeah the lawyer was more just for moral support. For my naturalization I'll bring an emotional support clown. At least it'll be cheaper.

Edited August 2 by Demise

[mobu888 1]

20 hours ago, Family said:

I don’t know…do you know of any?
I know they terminated for a pending Uvisa..but even VAWAS waited for approval in hand , not long ago.

 

Don’t let it get to you. It will happen. Not sure your attorney would want the extra work, but sometimes sending in Supplemental Evidence ( ex more marriage proofs ) …gets a human to look at file and even work on it 😂. 

Not personally haha, just through the grapevine. 

To submit more evidence, is it through my USCIS online account and under unsolicited evidence? Do you need to provide any cover letter to go along with it or anything? And what type of evidence do you suggest would be best? I already submitted photos, joint financials, joint leases...

Thank you!

[mobu888 1]

13 hours ago, Demise said:

I wouldn't try the AP while in removal proceedings. The outcomes have been iffy at times. Now you don't have a removal order but why risk it, you came legally, AP won't improve the case in any way, only thing that does is clear a prior EWI if you marry a citizen. It's risk for no reward.

 

You tried to ask OPLA to join a motion, since they didn't respond it's time to just go around them.

 

Personally I'd wait for the I-130 to be approved first though, makes getting a termination much easier.

 

Matter of Coronado Acevedo (A.G. 2022) returned the power to terminate removal proceedings back to Immigration Judges and the BIA. So instead of asking OPLA to please kindly join your motion just have your lawyer file a "Motion to recalendar and terminate without prejudice". Do cite Coronado Acevedo in it as BIA having the power to terminate once again, have the lawyer list the facts of the case:

You have a pending I-130. (attach proof as exhibit, again, best to wait for approval on this first).

You have entered US legally (attach proof as exhibit).

You are prima facie eligible for adjustment of status and will file I-485 with USCIS as soon as these proceedings are terminated.

You tried to contact OPLA for a joint termination/dismissal however they failed to respond.

You are seeking a termination without prejudice, if you are found inadmissible, the government may file a new NTA against you.

 

Then just have the lawyer file the motion with the BIA and serve a copy onto OPLA. Once again OPLA might:

1. Do nothing.

2. Not oppose.

3. Oppose.

 

If they do 1 or 2, then BIA will likely just grant it. If they do 3 then it it's up to the BIA what to do here. 95% chance they'll just do it. In the 5% that they deny it, then file a Motion to Recalendar and Remand, and once the case is back at the local court file I-485 with the court.

Thank you for your advice! Yes, I'm going to wait for the I-130 to come, hopefully it'll come soon. And I will do as you suggested.

 

Do you recommend filing the I-485 with the court instead of USCIS? And if so, why? Just so that I'm aware of all the options and its advantages/disadvantages.

 

Thank you!

[mobu888 1]

13 hours ago, Verrou said:

OPLA dont care about my case thats for sure. 8 months wasted, 2 times filing with OPLA Boston, they just dont care.  

 

lawyer also piece of #$@ refused to file to the court, and adamant OPLA is the only way ( it is not). he also ghosted me. keep pestering. once a week i sent the same email, with the added subject : resend 1, resend 2, resend 3, and so on.

 

2 months later that lawyer gave up and called me with excuses. i said i dont need ur excuse, just file the motion to the court. amd when u going to file? tell me the date, and not "soon".   FYI, my case is active and not admin closed. it's at the docket. i already wrote my own motion (spouse still adamant for me to find a new lawyer ) and ready to fire him. lawyer filed, 3 weeks later, my motion has been terminated (finito and not admin closed)

 

and dont go with AP especially if u are still in the court. u have been waiting for so long, why do u want to risk it? people on the internet who said " it's ok, just go" cant help u when CBP wont let u in

Thank you for sharing your experience! I'm glad you finally got it terminated!

Yes, I'm planning to see which I will receive first before making my decision, the AP or I-130. But I will definitely not travel on AP if I file the motion to recalendar and terminate.

Thank you!

[mobu888 1]

13 hours ago, Verrou said:

mixed bag. do i know personally? no. but there's 1 or 2 story on lawfully app and they shared that they got the removal proceeding terminated with pending 130. in the end of the day it really depend on ur lawyer. my lawyer doesnt even want to file motion directly to the court even when i have approved 130 let alone asked him to file to the court with pending 130. my i-130 took 19 months and that was after i shaked USCIS tree numerous time that granted me i-130 interview. if i didnt do that, perhaps still no GC now. 

 

Could you share with me what you did specifically to shake the USCIS tree that was successful? I tried the senator approach only so far. And I'm not allowed to inquire with USCIS until April of 2025 unfortunately...

Thank you!

[Demise 1,283]

5 hours ago, mobu888 said:

Thank you for your advice! Yes, I'm going to wait for the I-130 to come, hopefully it'll come soon. And I will do as you suggested.

 

Do you recommend filing the I-485 with the court instead of USCIS? And if so, why? Just so that I'm aware of all the options and its advantages/disadvantages.

 

Thank you!

 

Personally I'd leave filing with the court as a plan B if you somehow can't get a termination, I just find it a more of a pain since you have to keep court dates and you are in removal proceedings so if the court denies your AOS for some reason you will likely need to do some other finagling (cancellation of removal, get another administrative closure for an I-601A). If USCIS denies you then well, you can get a de novo review at the court if they place you in removal proceedings again.

 

Now there are some cases where you have to file with the court: e.g. you end up in removal proceedings as an LPR and seek AOS (and possibly some waivers), yeah USCIS doesn't let you re-adjust, courts do. Or you have something like a permanent bar where the only thing that can jump over it is cancellation of removal. I doubt any apply here.

 

So honestly, just seek a termination - if you get it file with USCIS, if you don't then file with the court.

[Verrou 1,962]

12 hours ago, Family said:

And let’s not forget that you literally called over 20 attorneys to try and convince one to file . ..you were so frustrated you considered law school😂 Go get em Tiger!

i called 70 lawyers in 2 months !!! LOL  and not "considered", i've been back to study since january. took the test in june and tanked, back to study again, and going to retake LSAT in few months. i will go to law school next year !

Edited August 2 by Verrou

[Verrou 1,962]

8 hours ago, mobu888 said:

Thank you for sharing your experience! I'm glad you finally got it terminated!

Yes, I'm planning to see which I will receive first before making my decision, the AP or I-130. But I will definitely not travel on AP if I file the motion to recalendar and terminate.

Thank you!

do not file i-485 to the court. u are going to be in limbo even when/if your motion has been terminated. file with uscis AFTER ur motion has been terminated. much cleaner and faster. there are plenty of people that i know personally had to file twice because DHS attorney didnt transfer the i-485 from court to USCIS when motion has been terminated. 

 

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