zinny zin
Nov 23, 2023
Adjustment of status in court
1. I am currently working on an EAD based on marriage.
2. Marriage –based Petition was approved
3. Backstory: I was on a B1/B2 and filed for asylum which was rejected
4. Based on that, I received a notice in court for removal proceedings
5. Shortly after, I got married. Refer to (2)
6. Due to existing removal proceeding, I still had to visit the court to either terminate the removal proceedings, which I didn’t do or adjust status (I-485) which I tried to adjust in court.
7. The case was adjourned due to my file not being sent by USCIS to the court and thus the judge needed to get all bona-fide docs
8. The issue now is I dont have joint docs with my husband since aug 2022, I don’t know if the court would ask for them.
9. My lawyer is advising to take the matter out of court by filing a prosecutorial discretionary motion with DHS.
10. At this point, I have the following concerns and questions
What is my current status? (I know I have immigrant intentions)
Can I change my status back to a non-immigrant status? (say F1 if I get an admission !-120)
If yes, can I separate my partner (If I want to) and what would happen to the legal removal proceedings.
? Is it advisable to continue in court or terminate proceedings being that my next hearing date is dec 4th
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texas plsNov 23, 2023
continue in court it is faster, no one cares about the year of documents, what they care about is bona-fide marriage. if you can prove that in court, it is the fastest way of getting your I485. happy Thanksgiving
zinny zin Nov 23, 2023
@texas pls you mean it wouldn’t be a problem that I don’t have current joint documents?
texas plsNov 23, 2023
do you have a no to call?
texas plsNov 23, 2023
I really can't explain all here
Steph RomanoNov 23, 2023
Follow your lawyers advice, stay in court and do the joint motion so they don’t keep dragging in court! (that’s what I did) . Now USCIS has jurisdiction on my I485.. Just a week after me updating evidence online showing them my removal has been terminated , I received an email requesting for my medical to be dropped off. You cannot change immigrant status, that’s not up to you, you are in removal proceedings and separate it would also be silly since that’s the fastest route for you to get a green card and put all of that behind you. It is a dragging process, and courts tend to keep postponing hearings, especially now with so many immigrants. I personally know the stress, but you have a lawyer that obviously know the fastest route and is willing to do, the joint motion. I wish you the best, think this through calmly and don’t act on impulse due to stress and anxiety. Gather what you can to prove bonafide marriage, and being that the marriage is real, don’t overthink about that part, your spouse will be there with you , start saving mails, and evidences that you both live together, pictures , bills , whatever you can . That part will be ok! Do the joint motion !!!! I waited 3 years and they kept changing judges and nothing was done till I did the joint motion. Best of luck to you!!
samy Nov 23, 2023
@Stephania Romano agreed with you I did the same and they requested my medical last week hopefully won’t take long to get a respond
Steph RomanoNov 24, 2023
@samy 🙏🏻Our time is coming! Good luck!!!
Steph RomanoNov 25, 2023
@samy Oh from what you were saying it, seems like USCIS administratively closed your I485 since they didn’t have jurisdiction. But things will move forward, God’s speed! I managed to have my removal terminated before USCIS touched my case, so I didn’t have to get it reopen, that’s why I just uploaded the termination and USCIS asked for my medical so they can decide. Good luck, hopefully things move forward soon!
samy Nov 28, 2023
@Steph Romano glad things are moving forward again! let me know when you hear back from uscis and will do the same hopefully they will get back to us soon!
samy Nov 29, 2023
@F A you are on the right track, the case will take 3 weeks to reopen then they can schedule it for an interview or approve it
