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poto mac
Nov 20, 2023
i485 administratively closed .
thi is abstracted from judges order…… received on may 2022 …. “ Date: May 13, 2022 ORDER OF THE IMMIGRATION JUDGE It is hereby ordered that the case be administratively closed for the following reason: [ ] Joint request by both parties. [ ]The court has received information documenting that the respondent/applicant is currently detained/incarcerated and unable to appear for proceedings. [ ✔️]Other: Respondent has a pending I-130 Petition filed by USC Spouse This case remains under the jurisdiction and docket control ofthe court. If either party in this case desires further action on this matter, at any time hereafter, a written motion to recalendar the case (including a certificate of service on the opposing party) must be filed with the court having administrative control over the Record of Proceeding in this case.” on June 2023 my lawyer filled i-1485 along with the judge”s order letter .Today 11/20/2023 my i485 is administratively closed this is what the letter says ….. as received on November 2023……… “ On June 22, 2023, you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS) under section 245 of the Immigration and Nationality Act (INA), based on being the principal beneficiary of a family-based immigrant petition. After a thorough review of your application, and the record of evidence, we must inform you that we are administratively closing your application. To qualify for adjustment under INA 245, an applicant must: ▪️Be inspected and admitted or inspected and paroled into the United States; ▪️Be eligible to receive an immigrant visa; ▪️ Be admissible to the United States for permanent residence; and ▪️Have an immigrant visa immediately available at the time the application is filed. You must demonstrate that you are eligible to adjust status to a lawful permanent resident (LPR). See Title 8, Code of Federal Regulations (8 CFR), section 245.1. Statement of Facts and Analysis, Including Reason(s) for Denial ——————————————————————- USCIS reviewed your case file and determined that you are currently in proceedings before an Immigration Judge, as the most recent action by the Immigration Judge was to administratively close proceedings on April 16, 2021. It does not appear that the removal proceedings against you have been terminated. See 8 CFR 245.1(c)(8)(ii). USCIS also determined that you are not an "arriving alien." Since you are a respondent in a removal proceeding, and you are not an “arriving alien,” only EOIR has jurisdiction to grant or deny your Form I-485 based on the merits. Because USCIS does not have jurisdiction, your Form I-485 is administratively closed; however, this does not prevent you from seeking adjustment before EOIR. See 8 CFR 245.2(a)(1) and 1245.2(a)(1). U.S. Department of Homeland Security U.S. Citizenship and Immigration Services 5880 NW 183rd Street Hialeah, FL 33015 Ioexxxxxxx Axyz-xyz -xyz (COURTESY COPY) 1 of 2 www.uscis.gov If the removal proceedings are terminated without a ruling by EOIR on your adjustment application, you may submit to this office a copy of the termination order and a written request for USCIS to reopen your Form I-485. USCIS has jurisdiction to adjudicate an application for adjustment of status only if the Immigration Judge does not have jurisdiction. See Title 8, Code of Federal Regulations (8 CFR), sections 245.2(a) and 1245.2(a). In general, except if the applicant is an “arriving alien,” the Immigration Judge has jurisdiction to grant or deny a Form I-485 if the adjustment applicant is in a section 240 removal proceeding before the U.S. Department of Justice, Executive Office for Immigration Review (EOIR). You may not appeal this decision. This action does not prohibit you from filing for immigration benefits again in the future. Sincerely, “ need your input please …

IR-1/CR-1

U.S. citizen filing for a spouse

Total Days: 1174 days
Case
2021-01-13
2024-04-01
I-130
1049 Days
I-131
167 Days
I-765
174 Days
I-485
284 Days
Potomac Service Center: I-130 National Benefits Center: I-131, I-765, I-485
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