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oscar palma
Dec 9, 2023
I-485 Denial
Hello All, yesterday I received a denial letter for my 485. according to the letter, I was denied because I was “still” in removal proceedings, however, I had a court case before submitting the 485 in which my removal proceedings were dismissed as I had gotten married. Does anyone know what I should do? How long could this delay my case? any input would be greatly appreciated!
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tas smithDec 9, 2023
@oscar palma you have 2 options ask them to reopen with the dismissed letter are refile again with everything
Steph RomanoDec 9, 2023
Are you sure it was really dismissed and not just administratively closed? Because one is different than the other and makes USCIS not have jurisdiction to Adjust Status.
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oscar palmaDec 9, 2023
@Steph Romano so right now i only have a scanned copy of the order of the immigration judge and it’s a little hard to read. the decision selected is “other” but then I can’t read the remarks. from what I remember in court, the phrase was “dismissed without prejudice “
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oscar palmaDec 9, 2023
@Steph Romano I called the court and you are right, the case was administratively closed. I’m still waiting on my 130 to be approved though
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Elsa CarvajalDec 9, 2023
then you cannot file the I-485 once you get your I-130 approved then you can go back to court and get it terminated then reopen you i485 or ask an attorney if you can get status in court
Card is being producedDec 9, 2023
Motion to reopen and put the dissmissal letter on top of it. Check it heard https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN
Steph RomanoDec 9, 2023
@oscar palma I am sorry to hear that, once the i130 is approved you can get the removal terminated based on that, hopefully the judge in court can adjust so you don’t have to file a motion to reopen with USCIS. My best advice is to start searching for lawyers with REMOVAL EXPERIENCES rather than just immigration lawyers. Check in your state pro bono before spending any money. It will take a little time , but you WILL get there!
James martin samsDec 9, 2023
what is the difference between dismissed and administratively closed?
Steph RomanoDec 9, 2023
@James martin sams Unfortunately is a word with a lot of power and difference and very often misled even by lawyers. Administrative closure refers to a procedural decision made by an immigration judge to suspend or put on HOLD the immigration proceedings temporarily. Unlike termination of proceedings or dismissal, administrative closure does not resolve the case definitively. And when trying to adjust status through USCIS , they will take your money and tell you absolutely nothing about not having jurisdiction till the day of your interview or their decision .
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oscar palmaDec 9, 2023
thank you so much everybody! this was very helpful information <3
domino 23Dec 10, 2023
wanna get a deportation lawyer ? best bet is go to court and sit when they have master hearing and ask for contact number of the lawyer who represent client there. u want a lawyer who’s in the court everyday
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Descendant of DavidDec 11, 2023
can I get my removal proceeding terminated with an approved i130? my lawyer says I have to file i485 and get a receipt before it can be terminated in court. I want him to terminate it with the approved i130 so I can file my i485 with uscis but he says it’s not possible.
domino 23Dec 11, 2023
@Darnell Wellington terminate ur case at court and then file i-485 with USCIS. ur lawyer doesn’t know what he’s talking about. DO NOT FILE i-485 with the court. you will be in limbo for a long time
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Descendant of DavidDec 11, 2023
@domino 23 thank you. I will insist, my issues with these lawyers is they won’t put in their best if it’s not something they don’t want to do, just so they can blame you for not listening to them. He has stressed that I cannot terminate without the i485 receipt. saying an approved i130 is not a form of relief and means nothing.
domino 23Dec 11, 2023
@Darnell Wellington u PAID ur lawyer, tell them what to do and also tell them u know the risk. my past shitty lawyer and the assistant also doing this kind of dance to me. I won’t budge and keep pushed them
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Descendant of DavidDec 11, 2023
@domino 23 is there a number to call you on? he said I need to show the court the i485 receipt from USCIS, after then, I have the option to file in court or with USCIS. Is that the termination process?
domino 23Dec 11, 2023
@Darnell Wellington give me your email address

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