Did you receive Prima Facie? If you do, you can try using that to get your removal proceeding canceled

@Kenn Kenn. yes I have my prima facie. I received that 2 months ago. Please if I use that to get it terminated, can I please file the i485 to get my social and work permit.

You can get work permit and ss. And you can adjust your status.

@Jesus is Lord my lawyer only filed for i360. she didn’t adjust status for me because she said I’m in removal proceedings. Please I want to know if I can adjust status since I need a work permit and social to work and take care of myself and the kids.

@Onyame Ba Tumtum ahof3 you have to file to close your removal proceedings first. that more important now that you have a new administration coming in because they would concentrate on those on removal proceedings as per deportation

@bridges 5 sure. my lawyer is on it. We are in the process of doing it, but I also need a work permit and social to work and fend for myself. what can I do about that please ?

@sweet lins I overstayed my visa, and was caught by ice officials.

@bridges 5 you can use your Vawa receipt to file for I-765 EAD ( C09 category) but it I am doubt if you can apply now or have to wait for your removal to be discharged however you Lawyer should know better on the ability for your to apply and get approved while awaiting the discharge of the removal proceedings.

@Onyame Ba Tumtum ahof3 also make sure whatever documents you are filing, it’s your lawyers address you are using because if the new administration come in and you have your main address they may come after you since you are on removal.

I was in removal proceedings when I applied for my adjustment of status.

@mm AA Please did you adjust status with the Vawa petition or you waited to get your Vawa approved before adjusting status? And please do you have your work permit or ssn.

@bridges 5 they have not ordered me deported, moreover my court hearing was cancelled as well and was asked to send all petitions filed to the court. Yes I used my lawyers address in everything I did.

With your prima facie you are eligible to adjust your status. Don’t be afraid of anything. terminate the removal proceeding by writing to ICE or BIA. if you cannot handle it by yourself then take attorney to do so.

@Onyame Ba Tumtum ahof3, my vawa isn’t approved yet. I have had Ead and SSN before my vawa application. I adjusted my status when ex filled i130 for me.

@kojo awuku please can I get your email. @mm AA thank you so much

@Onyame Ba Tumtum ahof3 how do you know you’re in removal if you don’t mind me asking??

Ple check it on Eoir case automated online if you have NTA then you know you are on removal proceedings if you don’t have any NTA then you are not on removal proceedings.

@Onyame Ba Tumtum ahof3 go ahead file your i485 and file prescutorial discretion right away before the new administration comes in or it’s gonna be hard…if your lawyer can’t get another one ASAP

@Question Mark thank you. working on that. I learnt I cant adjust status because I’m in removal proceedings.

@Onyame Ba Tumtum ahof3 who told you that? bit go file your i485 ..I was in the same situation as you

@Question Mark please can I get your email?

The IJ has jurisdiction over i485. If you receive a prima facie determination, your lawyer could be able to dismiss the case. Only then can you file i485 with USCIS. Otherwise, if you submit i485 with USCIS without dismissing your removal case, USCIS will deny it.

@Muhammad E. oh wow. please how long does it take to dismiss the case. My lawyer is about to file the i485 simultaneously with the termination of the removal. @Question Mark please how did you go about yours?

@Onyame Ba Tumtum ahof3 ask a lawyer so he will file for prescutorial discretion to the judge in charge of your case and copy ice at the same time.

@Question Mark please is it Prosecutorial discretion or Termination of removal proceedings? what is the difference and how long does that take? secondly should we get it done before adjusting the status or file both at the same time.

it depends on the judge and their clerk.

ICE has prosecutorial discretion, not the judge's. Your lawyer can seek to dismiss your case, and if they don't respond, he/she can file a motion to dismiss without ICE joining the motion.