b p
May 3, 2023
Adjustment of status during removal proceedings
Hello, if you are in removal proceedings, are you considered out of status? My court hearing is next year and I am planning to terminate my removal proceedings. for filing I-485 through approved I-130. I also have TPS now. lawyer is saying I was considered out of status when my court case was pending.
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Kay boyMay 4, 2023
with my little knowledge base on my own case, @b p you will have to file in motion to remand removal proceedings with the immigration court and within two weeks your request should be granted
domino 23May 4, 2023
does it matter though? right now ur removal proceeding is still pending so ur status is “pending”. it doesn’t matter what ur status right now as long as ur case is not denied
b pMay 8, 2023
@DOMINO 23 that’s what we thought but one of the lawyers we talked to said that our status is not considered legal if we are in removal proceedings pending.
domino 23May 8, 2023
@b p u are not legal as you are not permanent residence. but what’s the main point of the conversation with this lawyer ? so yeah u are not legal resident. like I wrote ur case is “pending” or u can say “you are barely here”. but u can remind in the US until they decide ur case. does the lawyer charged extra or what ?
b pMay 8, 2023
the main point is if I am in removal proceedings and my court date is next year. can I adjust my status to a green card spouse based on my approved I-130.
domino 23May 8, 2023
@b p read alll my posts. to sum it all : get I-130 approved, terminate ur removal proceeding at the court ( u don’t need to wait for hearing date) - then filed I-485 with uscis. and as ur status, I don’t know why u or lawyer have this problem with “out of status” . your goal is to get Greencard right ? it doesn’t matter what is ur status right now, when u got green card = u are permanent resident. right now = u are not permanent resident.
waiting forever May 12, 2023
@b p you can file motion to terminate based on TPS.
