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Old Nov 19th 2008, 1:13 pm   #1
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Unhappy Confused how to file I-485 while in removal proceedings

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.
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Old Nov 19th 2008, 1:36 pm   #2
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Default Re: Confused how to file I-485 while in removal proceedings

Best of luck to you.

Last edited by Rete; Nov 19th 2008 at 3:24 pm. Reason: deleted because it was incorrect information
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Old Nov 19th 2008, 2:17 pm   #3
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Default Re: Confused how to file I-485 while in removal proceedings

on the USCIS website says that Chicago lockbox is for people not in removal proceedings :-( but i'm. I just called 800 number - but they have no clue about anything.
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Old Nov 19th 2008, 3:00 pm   #4
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Default Re: Confused how to file I-485 while in removal proceedings

I'm thinking that the lawyer does not want to disobey the judge. Perhaps if it's filed at the "wrong" place, it will just be sent back to be re-filed, or forwarded on.

Perhaps the lawyer does not want to piss off the judge.

If you have a lawyer - they should be researching and following up on this. I would ask the lawyer again, how to be sure where to send it.
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Old Nov 19th 2008, 3:21 pm   #5
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Default Re: Confused how to file I-485 while in removal proceedings

Quote:
Originally Posted by kaktus View Post
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.
Hi:

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.

Last edited by Folinskyinla; Nov 19th 2008 at 3:30 pm.
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Old Nov 19th 2008, 3:24 pm   #6
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Default Re: Confused how to file I-485 while in removal proceedings

Thank you this information. Very helpful.
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Old Nov 19th 2008, 3:28 pm   #7
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Default Re: Confused how to file I-485 while in removal proceedings

Quote:
Originally Posted by Rete View Post
Thank you this information. Very helpful.
Hi:

You are very welcome. You anticipated the post where I was going to request reconsideration of your advice -- and it did not post because of the warning of your intervening post.

Actually, I'm off to court now on an adjustment before the Immigration Court. Off to the subway.
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Old Nov 19th 2008, 8:17 pm   #8
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Default Re: Confused how to file I-485 while in removal proceedings

the reason i posted my situation here - because I had really bad luck with lawyers and i've been in the country for 8 years trying to get my green card. i don't want it to be screwed up again.

here is email from my lawyer:

Dear "Name"

We will file the I-485 application with the USCIS service center rather than
at 26 Federal Plaza. That case will be adjudicated with the USCIS service
center. We will provide a copy of the submission to the court.

Sincerely,

My Lawyer.

How can USCIS adjudicate my I-485 if my removal proceedings case wasn't closed and I have to go back to court.
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Old Nov 19th 2008, 9:10 pm   #9
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Default Re: Confused how to file I-485 while in removal proceedings

Quote:
Originally Posted by kaktus View Post
the reason i posted my situation here - because I had really bad luck with lawyers and i've been in the country for 8 years trying to get my green card. i don't want it to be screwed up again.

here is email from my lawyer:

Dear "Name"

We will file the I-485 application with the USCIS service center rather than
at 26 Federal Plaza. That case will be adjudicated with the USCIS service
center. We will provide a copy of the submission to the court.

Sincerely,

My Lawyer.

How can USCIS adjudicate my I-485 if my removal proceedings case wasn't closed and I have to go back to court.
Hi:

Without seeing your case, I'm not in a position to comment. Sometimes, a case is "terminated without prejudice" to get the case back with USCIS. And this can happen after a hearing.

There is nothing wrong with getting a second opinion from another lawyer.
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Old Nov 20th 2008, 3:46 pm   #10
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Default Re: Confused how to file I-485 while in removal proceedings

This is my 3rd lawyer. I already spent 10K+ application fees.

another email from my lawyer says that : "Judge would not accept the Adjustment of Status application at 26 Federal Plaza and instructed us to file at a Service Center. I will look into this matter further and notify you of any changes."

As far as i remember he said just to file copies without supporting documents and send it to Texas (with fees) and bring entire I-485 package to my individual hearing (with medical) in August (does it mean that i will file my i-485 with court on my next hearing date?)
Is there a way to schedule my individual hearing earlier based on medical reasons with my family? :curse:
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