Removal proceedings case dismissed - No movement

[agualimpia 1]

Hello,

 

I apologize if this is the wrong forum area.

 

 

What we would like advise on:

Wife's removal proceeding case (from asylum application not granted - never in the US illegally) was dismissed last year (December 2023). We have not heard anything from USCIS. We have submitted multiple inquiries. Asked our congressman for help. It's been 11 months and nothing at all from USCIS.

I understand that with USCIS waiting is the name of the game, but it doesn't hurt to ask: Is there anything we could do to get our case get out of limbo in our situation?

 

Timeline since removal proceedings dismissal:

• The case was dismissed in December 2023.
• We waited 2 months to see if we would hear anything from USCIS. We did not.
• March 2023 - Submitted an out of processing timeframe inquiry via online tool - informing them of the decision. Received generic response.
• Beginning of April 2024 - Ask congress man for help.
• At the end of April 2024 - USCIS tells congressman to tell us to call and request an appointment and bring dismissal.
• End of April 2024 - Call and request an appointment. Told we had to wait for a call back.
• End of May 2024 - Receive call from agent. Agent says that we do not need an appointment. That she sees that the case was dismissed, and we should receive an official letter within a month with next steps.
• Mid-June 2024 (waited 45 days) submit another out of processing time inquiry. Informing them that case was dismissed and tier-2 agent said we should have received something by now. Response given said we would hear something within 90 days.
• September 2024 (waited more than 90 days) - submit another inquiry. Keep referencing previous inquiries and asked what else we had to do for next steps. Finally, a response that made some sense to our situation. Response says that they see that the immigration judge dismissed the case and that they will take jurisdiction over the case and that they requested our file from the Texas service Center. That we would hear something within 60 days. The 60 days have passed, and we have not received anything.
• November 2024 - Ask senator for help 2 days ago. Waiting to hear back before submitting another inquiry. Asking VisaJourney for help

 

 

More background just in case (Timeline is a few years):

• Wife entered US legally
• Applied for asylum
• was not granted asylum and was referred to immigration court
• We married
• I-130 got approved
• At the advice of our lawyer, submitted I-485 form to the court and USCIS (Texas service center)
• Moved to New York
• Finally on December 2023 case was dismissed.

Edited November 13 by agualimpia

[OldUser 6,623]

Seems like somebody has to clarify things to USCIS in writing.

 

Your case is complicated for a number of reasons:

 

1) Wife were in removal proceedings

2) I-485 was filed twice (?) - with USCIS and court. I can see why this can be confusing

3) You moved in the process

 

Worst case you can file a WoM for decision, but otherwise 1 year wait for I-485 is totally expected, especially for such complicated case.

[agualimpia 1]

6 hours ago, OldUser said:

Seems like somebody has to clarify things to USCIS in writing.

 

Your case is complicated for a number of reasons:

 

1) Wife were in removal proceedings

2) I-485 was filed twice (?) - with USCIS and court. I can see why this can be confusing

3) You moved in the process

 

Worst case you can file a WoM for decision, but otherwise 1 year wait for I-485 is totally expected, especially for such complicated case.

 

Hello,

 

Thank you for your time.

 

Just to clarify, form I-485 was filed just once. It's submitted in a specific way for people in removal proceedings for the Court via the Texas service center.

 

 

The dismissal ruling does say that a copy was sent to USCIS. Obviously I have no way of verifying. The tier 2 agent did say that they saw the dismissal (although I don't know if she saw it in the USCIS system or checked public records).

 

The last inquiry USCIS in September also said that they saw the case was dismissed and would take jurisdiction. That last message was good in the sense that it wasn't generic but the timeframe that they provided to receive further steps has also elapsed.