Originally Posted by kaktus
My first marriage didn't work out and my I-130 and I-485 were denied. I was placed in deportation in June of 2007. I"m trying to adjust my status based on my second marriage to US citizen. We successfully passed our stokes and my I-130 was approved 3 months ago. We went back to the court yesterday (Nov 18th) and judge told us to file I-485 to Texas Service Center and come back in August of 2009. I don't understand how Texas Service Center can approve my I-485 if i'm in removal proceedings.
After we filed I-485 package at Texas Service Center with fee should
we file the original I-485 to the immigration court AFTER receiving a
receipt notice from TSC? My lawyer didn't say anything about it. Only that "judge said" to file it in Texas and that's it????? i doubt it. I don't want it to be delayed like it happened with my I-130 because my lawyer sent it to Vermont Service Center and we had to file it at our local district office 6 months later anyway.
LISTEN to your lawyer, damn it! There is a set procedure for filing and the court gives out an instruction sheet on it!
The I-130 was properly filed in Vermont and got approved. As a jurisdictional quirk, the I-130 is never
in the jurisdiction of the court. Period, end. However, the IJ should continue the case while the I-130 is pending and that is exactly what she did.
In contrast, USCIS does not
have jurisdiction over the I-485 while you are "in proceedings." Practice varies from court to court -- in some locations the ICE
Assistant Chief Counsel [note I did not
say USCIS] will agree to terminate proceedings so USCIS gets jurisdiction back.
So you have to FILE the application with the Court
. However, the Court is not equipped to take filing fees nor set up biometric appointments. There is a procedure [of which written notice is given in court] whereby you submit a copy
of the I-485 along with a copy of the hearing notice to a specific PO Box at TSC -- they give a fee receipt and set up the biometrics. With that, you can then file the original stuff with the Court and the ICE ACC as is required.
TSC has nothing to do with the case other than fee receipt and biometrics -- period.
From your post, it appears that the IJ and your attorney know EXACTLY what needs to be done.