Jamal khan
Jul 7, 2025
vawa was approved while in removing proceedings
My master hearing is October 2025 . I have approve Vawa . I applied motion to terminate that was rejected reason The order just says that the court does not find termination is appropriate . My cancellation of removal is pending based on Vawa .and I-485 is admin close due to removing proceedings.What option I have . Thx
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blessed & favoredJul 7, 2025
you can keep the master hearing and have the judge adjudicate your case which means if he or she approves you get your greencard.
blessed & favoredJul 7, 2025
did you file a joint motion with DHS to terminate? if not may, that’s the reason they denied your termination. You have to file a joint motion with DHS for the court to approve. Make sure you have an attorney to help with any court proceedings.
Aug filler 2022Jul 7, 2025
@Jamal khan you have master hearing in which case ?
aiphy yogsJul 7, 2025
Please get a lawyer. Do not go to the hearing without a lawyer. A lot is happening in courts today. Just my 2 cents. Goodluck and Congratulations on your approval🎊
Jamal khanJul 7, 2025
you can not adjust your status on master hearing. and I filed PD and join motion to dissmiss in August but did not get response then last month I applied direct to judge result rejection reason court does not find termination is appropriate
Ismail Hashim HashimJul 8, 2025
file your green card through immigration court the will approve you
Dream DaddyJul 8, 2025
@Jamal file your green card through the court. on the master calendar hearing, let your lawyer request the judge to adjust ur status in court. You can do all that now before the court date. Have your lawyer write the judge now that you want to adjust in court. If all the paperwork is filed to the court now, your lawyer can write to convert the master calendar hearing to individual hearing to adjust ur status. I did that in the past where I converted my master calendar hearing to individual hearing and adjusted in court that day.
ال إيمان Jul 8, 2025
@Dream Daddy, can you lecture me on how you file that pls.
Jamal khanJul 8, 2025
@Dream Daddy I didn’t receive notice yet from the court . I like your suggestion I would tell my lawyer to do that hopefully he can do that. Thanks
Jamal khanJul 8, 2025
@Dream Daddy I want to know if my I-485 is admin close due to removing proceedings can I transfer from my uscis to immigration court or I have to refill with immigration court and paid fees again. thx
Dream DaddyJul 8, 2025
@Jamal. Your I 485 with USCIS is not administrative closed until they write you to say "they cannot continue to adjudicate your I 485 because they are not in jurisdiction to do so." Once you are in removal proceedings, the immigration judge is now in charge of your I 485. I was in same situation some years ago where my I 485 was pending with uscis while I was in removal proceedings. I worked with a very experienced immigration lawyer who inspired me today to go to Law school to specialize in immigration law. I am now a law student because of my lawyer then. The way it usually goes is that if you want to adjust in court, you usually notify the judge in charge of your case by filing a motion agreeing to the NTA allegations and after that, you notify the judge of your form of relief which in this case, adjustment of status based on approved VAWA. The way it traditionally goes if you didn't have a pending I 485 with USCIS, is to file two copies of I 485...original copy with evidence to USCIS Texas Irving center and photocopies of those to the judge or the court. Anybody that goes through the court to adjust, must file the original copy of your I 485 to Texas Service Center so they can issue you a receipt number. That receipt number and a copy of the I 485 are what you will file to the court and a copy to ICE lawyer too. But in this your case where you already have an I 485 pending with USCIS, it becomes tricky. What my lawyer did then was to get the copy of my I 485 that was pending with USCIS from me. used the receipt and resent that same copy to Texas Service Center with a cover letter stating that I was adjusting in court, that I had a pending I 485 with USCIS, that we wanted them to use the receipt of the pending I 485 with uscis to reissue me another receipt number that carries Texas service number for those adjusting in court. They didn't respond on time, then my lawyer sent a copy of my pending I 485 to the judge and informed the judge that we sent a copy of my pending I 485 with USCIS to the Texas service center, that we could not wait for them to issue us that receipt and therefore, the judge should accept our copy of the I 485 that was pending with USCIS. The ICE lawyer agreed and the judge also agreed. That was how I was able to adjust in court without paying another fees for another I 485. When the judge granted my I 485 in court, when I went to USCIS with the judge's judgement paperwork, that was when uscis resent me that Texas receipt number, a day later they sent me the green card. I hope this helps.
Onyame Ba Tumtum ahof3Jul 9, 2025
@Dream Daddy who is your lawyer? can you give us his number please
Dream DaddyJul 10, 2025
@Onyame Ba Tumtum ahof3 where are u located?
Jamal khanJul 10, 2025
@Dream Daddy Under the factors set Matter of Coronado Acevedo, 28 I&N Dec. 648 (A.G. 2022)
(pending the outcome of the rulemaking process, immigration judges and the Board
of Immigration of Appeals may consider and, where appropriate, grant termination
or dismissal of removal proceedings in certain types of limited circumstances, such
as ... where tennination is necessaiy for the respondent to be eligible to seek
immigration relief before USCIS), the Court does not find termination is
appropriate. There are no visa numbers available at this time for this visa category
as per the cunent U.S. DOS visa bulletin
Dream DaddyJul 11, 2025
@Jamal. is that the reason why ur motion to terminate was denied?
Dream DaddyJul 11, 2025
if this is the reason, it means ur VAWA spouse is a green card holder. it's only when u married a green card holder u wait for visa number to be available before you apply for green card. That is what I can deduce from what your last post.
Jamal khanJul 11, 2025
@Dream Daddy yes that the reason but my wife is USA citizen and my priority date is 2013 . I don’t understand reason visa not available. it’s immediate relatives. and you can apply green card anytime.thx
Dream DaddyJul 11, 2025
@Jamal well, if that is the reason it supposed to be stated on your VAWA approval notice of the category of the immediate relative. when you check your vawa approval notice go to the "section" you will see "self-petitioning spouse of u.s.c or L.P.R." Under it, you will see "Class" if it's 1B1, it means immediate relative.
Jamal khanJul 11, 2025
@Dream Daddy yes it say usc 1b1 category. but I don’t know why they denied and telling me that visa number is not available?
Dream DaddyJul 11, 2025
Jamal, your lawyer should have known this. If that was the ground of their denial of the motion to terminate, you can refile and explain that you don't need a visa to be available to adjust your status. Let the judge know that you were a spouse of a us citizen and therefore, you do not need to wait for visa to be available to adjust your status. But if you want to adjust in court, you can still because your I 485 is under the court jurisdiction.
Jamal khanJul 11, 2025
ok.thank you @Dream Daddy let see what my lawyer will do.
Onyame Ba Tumtum ahof3Jul 13, 2025
@Dream Daddy New York
Jamal khanJul 18, 2025
@Dream Daddy my lawyer told me he will file motion to reconsider .hopefully judge will agree if not then he will go for master hearing
Dream DaddyJul 18, 2025
@aJamal if I were you, I will go to the court and adjust ur status there. If ur lawyer feels terminating the removal based on approved VAWA is the better option, you can go with that. From experiences, when judge terminates ur proceedings, it takes a long time for uscis to even acknowledge the letter of the termination and process ur I 485. sit down with your lawyer again and ask him or her to give u the pros and cons of adjusting in either.
Jamal khanJul 18, 2025
@Dream Daddy I already submitted my I-485 with uscis even they asked for medical which I submitted then they approved my case which I received letter from uscis after that they admin closed my case because of removing proceedings. USCIS told me once removing proceedings is terminated send us termination letter . thanks
Dream DaddyJul 19, 2025
yes, that termination letter is what I am talking about. If you sent it to uscis, sometimes it takes a year for them to acknowledge it and reopen your case.
