Mike Abualrub
Jun 17, 2022
The Court DISMISSES respondent’s case without prejudice
If a person’s case is dismissed, will they have to file a new Form I-485 with USCIS, or will the one pending in court be transferred to USCIS?
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Qa yaJun 17, 2022
was it master hearing or individual hearing?
Claudia nkJun 17, 2022
the person need to file a i485 with uscis and have an interview
is it marriage base ?
Claudia nkJun 17, 2022
@ QA Tasha : you do not need an hearing to dismiss a case of removal proceeding with the court . your lawyer just need to send a motion to terminate removal proceeding to the court with your judge and dhs
Mike AbualrubJun 17, 2022
order : The Court DISMISSES respondent’s case without prejudice.
but I should file new form or no
it’s marriage base
Claudia nkJun 17, 2022
you have to file new form with uscis for you to get your green card . did you already have an approval i130 case ?
Mike AbualrubJun 17, 2022
yes I have approved for I-130
Claudia nkJun 17, 2022
ok that’s good . you can file your i485 now . you already have your court dismiss so uscis now have juridiction on your green card application . file your form i485 . they will call you guys for an interview and at the end you will get your green card 🙏🏽.
Qa yaJun 18, 2022
@claudia did you go through court process before?
Mike AbualrubJun 18, 2022
only moved multiple time after this we received e-dhs motion
and after this we received order from Cort dismiss
I should submit new I-485 or we used the old one
Claudia nkJun 18, 2022
@ qa Taha yes I did
i have an asylum case in 2012 ( the asylum case put me in removal proceeding since I didn’t leave the country )
then got married in 2014. my i130 was approved in 2017. I had 2 court master hearing and inform my judge that I got married in and between . after the approval of the i30 she closed my asylum case but didn’t terminate my removal proceeding . in 2019 I went for my i485 interview for the green with uscis ( since I send both i130 and i485 cases to uscis )
the interview was fine but my case was administratively closed because uscis didn’t have juridiction on my case ( the removal proceeding needed to be terminated with the judge . uscis can only handle cases that the judge doesn’t have authority to . like arriving alien )
my lawyer send a motion to terminate but during trump era they wasn’t allowing it so it’s was denied ,
after that Covid 19 hit ( lost almost 2 years )
my motion was finally dismissed with no prejudice in October 2021
i send a request to reopen my i485 to uscis for my green with the proof of termination from the judge .
they reopen my case 6 months after .
send me a request ( RFe for medical examen since the one I have submit at the interview was expired ) and that’s it’s end of my story
Claudia nkJun 18, 2022
@ mike did you submit an i485 case to the court ? or it’s was your asylum case ?
Qa yaJun 18, 2022
how was your hearing I’m court? was it hard ? how long you spent time in court like one hour two hours?
Claudia nkJun 18, 2022
by the way am living in nyc so everything take extra long time here 😂😂😂 .
maybe in others states it’s faster than that
ion ciobanuJun 18, 2022
Hi your Lawyer should file a motion and I 485 with the judge my wife was in same situation she was in removal proceedings when we got married I was a green card holder we filled i 130 in 2019 in 2021 was approved she got some master hearings but because of covid was canceled in 2022 I became us citizen so my lawyer filled up I 485 with uscis my wife got her biometrics done and medical done then my lawyer send all this paperwork to the judge and ask court to give us a earlier date and make an decision on I 485 we got an court date in a month like 19 may she got approved on I 485 and dismissed the removal case basically court was like an green card interview they have and Immigration officer on video call now we waiting for an infopass appointment to update them with judge decision and get her i551 stamp so she can work and get her driving license is hard to get an infopass we living in Chicago
Baltimore 410Sep 6, 2022
ion ciobanu you went to individual hearing?
