Hi @Elsa Carvajal you two options 1. you can either ask the judge to determinate your removal proceedings so you can proceed with the I-130 and file your I-485 all together. OR 2. you can wait until your I-130 is approved then, ask the judge to terminate/dismiss removal against you. PS: are you saying your case I-130 is administratively closed with USCIS or the court closed your removal proceedings?

@Jo Lo my removal proceedings is administratively closed with the court USCIS has nothing to do with it

mine was dismissed at the B.I.A,and I filed i130 and i485 with uscis since 2020 still waiting for approval up till today.Am tired.

how you got work permit even if you have removal proceedings?

@Elsa Carvajal I’m In removal since 2020 I didn’t know I filled I 130 I 485 I got work permit for two years plus I got interview coming up next two weeks 😩

@soso M you can request one while your under removal proceedings speak with your attorney

@James martin sams wow so your outside normal processing times? have you chatted with emma?

@shawn storm is your case dismissed? i know im tired too

yes I did they said my case was sent to my field office.

@Elsa Carvajal after i130 approval or during processing time?

@Elsa Carvajal no I didn’t know until I filed that I was In removal.the court date was march 2020 which I missed

@Elsa Carvajal i have a similar situation to yours. you can read my latest post to get an ideo of how my process went.

@James martin sams oh thats good the attorney told me that because i was under removal proceedings i was more likely to get an interview for my i-130

@soso M during processing my I-130 still no update

@shawn storm wow so how did you proceed?? uscis won’t proceed to give you a green card until court gets dismissed. if you have the I-130 approved then that could possibly help you get your case dismissed

@Jo Lo she can’t file I-485 right now because her husband is LPR and not USC. her out of status won’t be forgiven because of that. it’s best for removal proceeding to be admin closed right now. if it’s terminated right now, while she can’t file I-485, she will acrrued more days of being out of status. more risky. the only time that terminated removal proceeding is great is when she already have some things to back up her case for example : approved I-130 or file I-485 and it’s pending ( and again she can’t file right now because of LPR husband status) what she can do just wait i-130 to be approved and in the meantime if husband eligible for citizenship then file n-400. once he become citizen, they can upgrade i-130 as spouse of USC. once I-130 approved, reopen and terminate her removal proceeding with the court. when it’s done, file I-485 with USCIS and not with the court that’s my understanding

@domino 23 i am protected by 245i i do not need to exit and can file under I-485

i am just waiting for the I-130 to be approved to get proceedings terminated and proceed to file I-485

@Elsa Carvajal if you can file I-485 then I suggest you to file I-485 now to “push” the I-130. I did that and because of that they send interview date. I got I-130 approved and I-485 admin closed. but with that I-130 I can get my removal proceeding terminated

i will contact my attorney and see if that is possible thank you

@domino 23 how did it take you to get the interview for the i130 and can you later reopen the 485?

thank you so much im sorry you had to go through all of that i have been in removal since 2013 i did alot of research i was informed that in cases like this(removal) it is best to let it alone until we have something good to show the judge i really hope to get my I-130 approved soon and finally end all this process

yes, in your case since your spouse is not yet citizen , the longer it takes, the better it is so his status can change and things will continue to be in your favor ♥️