@baltimore cpa Who filed to the BIA ? The DHS attorneys or was it you or your lawyer . Also the receipt you got after filing , did it say filed jointly ? My thoughts is that it was maybe filed incorrectly . I recently filed to BIA , and got approved within a month(on 02/01/2023) .

My attorney reached out to DHS and received verbal confirmation and then drafted the motion and mailed it directly to BIA. Is this correct? From my understanding, attorney needs to draft a joint motion, mail it to DHS, and DHS signs and sends it to BIA.

Yes that is exactly what happened for me . DHS and my lawyer signed , and DHS sent it to BIA. DHS or your lawyer can send it. You should have gotten a receipt, it will say Filed jointly You should call the BIA clerk office and ask them if the motion is a joint motion , so you can confirm. You have been waiting for over a year.

Thank you for your answer. What field office are you in or more importantly which BIA office did you file it with?

DHS attorneys were in MIAMI. And there is only ONE BIA 5107 Leesburg Pike, Suite 2000 Falls Church, VA 22041

I strongly encourage that you call clerk office and ask if motion is joint motion or not . Then you can know how to proceed forward. If it is not joint then most likely it will be denied.

Another guy on Reddit had the same issue , got prosecutorial discretion, waited over a year. I told him to reach out to BIA last week. When he called BIA, and he found out that it wasn't a join motion the lawyer filed.

wow thank you for this.. I will call BIA Monday

If it's not a joint motion, we simply need to file a joint motion again?

the attorney is saying ours was a unopposed motion which is essentially the same thing.. but I don't know if that's correct.

Yes call the BIA on monday to know whats up. Did you get a receipt at all ? When you check on the EOIR website does it say motion to reopen received ?

Joint motions should not take more than a year. It is probably filed in the system as not a joint motion , which is the reason for the ling hold. After you call tomorrow , let us know what they say

I called and it was just a motion. I did review what the lawyer sent over to DHS and they did request for Joint Motion, but DHS officer just called our attorney for verbal agreement so he filed an unopposed motion.

Do you know what guy on Reddit did?

Check out his post : https://www.reddit.com/r/USCIS/comments/xkixie/comment/j3ojixz/

He resubmitted the paper , and made sure it was joint motion. But he also said they had approved it 3 weeks later. I am not sure if it is the old motion or the new one they approved based on his comments

My attorney doesn't agree that joint motion processes quicker....

Makes sense. Hopefully the make a decision soon for you my friend .

Check your case here https://acis.eoir.justice.gov/en/ The receive my on April 24 2023 and I also had to file eior 33 to change my address. I did all this on my own. And i130 approve but i485 denied because of RFE which is being appealed, my PD is in VA don’t know the time line, most people are saying 1 month

@baltimore cpa did you get the approval yet ?

We got a rejection from BIA because it wasn't a joint signed by the court so we are asking thr court for joint motion to reopen with their signature.

@baltimore cpa I’m in process to file a joint motion to reopen. I already have a motion to remand filled with BIA. I’m curious to know if we file a joint motion, will BIA consider it ? Did BIA sign off on your joint motion?

I'm not sure and our motion to BIA was rejected so we sent a joint motion to the court again.

@baltimore cpa I'm in the same boat as you, got a motion to reopen denied by BIA. Should my lawyer try again with a joint motion?