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Thelma V
Apr 12, 2023
Adjustment of status through Court hearing
I am currently in removal proceeding due to an Asylum case. I already had my master hearing in 2020. I got married to a U.S. citizen in 2021 and filed for just I130. We had an interview for our I130 last year and was approved. My lawyer filed for my I485 with USCIS and notified the immigration court about it. I have my Individual hearing in July (few days after our 2 years marriage anniversary ). Is it safe to proceed with defending my marriage at the Individual hearing to Adjust my status for green card with the Judge or I should terminate at the court and proceed to adjusting my status with USCIS? I heard that that adjusting status at the court can be difficult due to the questions they’ll ask my husband and I. please help provide any information #asylum #marriage #removalproceeding #greencard
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Rocco FortéApr 12, 2023
@Thelma V is there a reason why your lawyer filed I-485 at the court and not with USCIS?
domino 23Apr 12, 2023
where did u file I-485? court or USCIS ?
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Thelma VApr 12, 2023
my I-485 was filed with USCIS. She mentioned that she sent a copy to the immigration court also and at least a month before my individual hearing she will submit other supporting documents such as my medical records to the court also.
Rocco FortéApr 12, 2023
@Thelma V I think it will be quicker if it’s USCIS that handles your I-485
Lisa ModhwadiaApr 13, 2023
Yes you should terminate or close your case with the court and continue with USCIS. I know someone who is adjusting through the court and the process is aggressive and slow. This person is being waiting for almost 7 years to get his Individual Hearing to adjust.
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Thelma VApr 13, 2023
@Rocco Forté Thank you, I will try to proceed with USCIS, my lawyer wants us to proceed with the court instead because I already have my Individual hearing coming up in about 3 months. she said the judge can adjudicate my case and approve my green card that day instead of waiting several months for USCIS if I terminate with the court. I am just worried that the immigration lawyer might be too aggressive with us at the court.
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Thelma VApr 13, 2023
@Lisa Modhwadia I heard that adjusting through court can be aggressive as you said. I have my individual in 3 months and I was planning to adjust my status during the hearing. But I’ll reach out to my lawyer to file motion to terminate with the court.
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mi miApr 13, 2023
@thelma, I have the same case as yours, my hearing is in September. Going through the court is faster than USCIS. please do not close your case as USCIS will take longer. When you go in July, if all your documents are complete the judge will approve your green card right there instead of USCIS that could take as long as a year or more from now
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mi miApr 13, 2023
@Thelma V you can drop your number and I can give you a call to explain why it’s important to continue with the court.
domino 23Apr 13, 2023
@Thelma V since u filed with USCIS, u don’t need to wait for hearing date to file motion to terminate with the court. file the termination now, u don’t want ur I-485 with USCIS admin closed. i did the same route ( file with USCIS) and just got my GC in hand last Saturday. check my post. the reason that I don’t want to deal with the court because many time the hearing date is postpone. I have bunch of people in similar situation and when they filed with the court and court dismissed the case but doesn’t want to approve the GC, it will be in limbo for along time ( transfer the case from court to USCIS ). I rather deal with USCIS than court. I consult with 3 lawyers they told me to file with the court ( have to pay again ) and I refused to do it
Lisa ModhwadiaApr 13, 2023
@DOMINO 22 you are completely right, that's what I wanted to explain, the person I know it's been waiting for almost 7 years because of that, they been postponing his Individual Hearing and unfortunately the judge who is responsible for his case is the most thought judge in the state, just look for judge Shana Chen from Newark Inmigration Court and you can track her approval cases rate and you'll see, some judges are complicated and super strict or they are not humanitarians.
Lisa ModhwadiaApr 13, 2023
https://trac.syr.edu/immigration/reports/judge2022/ Share the link with Inmigration Judges Grant Rates in the 50 states. You can look on your Inmigration Court.
ana ashApr 13, 2023
@DOMINO 22 did you terminate your removal proceeding first then file i485 with uscis ?
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Testing My PatienceApr 13, 2023
@all, i have a question. My master hearing is in December due to my asylum application. I am married to a usc. I have applied 485 and 130 before my asylum was referred to the court. My lawyer just submitted a written plea last month to the court saying i am married to a usc and waiting for 130 or 485 to be approved. Haven’t heard back from the court yet. Is it the right way to terminate a removal proceedings or do I have to submit any specific form like EOIR 42b instead?
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texas plsApr 13, 2023
pls do through court, it is faster @Thelma V
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AchAay AchAayApr 13, 2023
with court will be faster coz I’m still waits for my interview with uscis almost year and half
domino 23Apr 13, 2023
@ana ash check all my post
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ola WellingtonMay 5, 2023
@Mi Mi, I am also interested in knowing why it is important to continue with court. I am in Texas.
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Thelma VJun 21, 2023
An update: I adjusted my status at the court during the hearing and I was granted the green card that day. My lawyer firstly got the judge to cancel my Asylum case first during the hearing and I was asked few questions about my marriage. USCIS updated my status on their website that same day to “card is being produced”. Thank you all
Jo LoJul 12, 2023
congratulations @Thelma V
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M EAug 1, 2023
hi @Thelma V , i have individual hearing based on marriage with the judge, what kind of questions did they ask?
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mi miAug 18, 2023
@M E when is your hearing?
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M EAug 19, 2023
@Mi Mi it was in NY, i got approved. no question asked, except what is your primary language, it was less than 30mins. i have 10years green card in hands now.
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mi miAug 19, 2023
@M E wow congratulations. Did you go with a lawyer and your husband? my hearing is in 2 weeks. Getting anxious 😬
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mi miAug 19, 2023
@M E Did they also terminate asylum case first?
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M EAug 21, 2023
@Mi Mi yes, from beginning we had hired a lawyer. my Spouse and lawyer were there, infact we had internet based interview with the judge, we were at lawyer office. and i meant to say our interview didn't even last 3mins. and yes asylum gets terminated once your i485 gets approved.
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mi miDec 8, 2023
@M E I was approved! Thank God. How long did it take you to get your green card ?
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ola WellingtonApr 17, 2024
@M E - congratulations. I am trying to adjust mine through the court but the date for my next hearing is next year July. My lawyer is saying he can try to ask for a nearer date. I am worried the gov. rep might be harsh on us. was your spouse asked any question? Also what questions were you asked during the interview?

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