many singh
Nov 26, 2023
work permit in removal proceedings
I file Vawa case in march 2023 I’m in removal proceedings but my removal case in administrative closure from court
But my lawyer file my I 485 ,I 765 and I 131 in uscis but I hear from the group if anyone have removal proceedings then uscis did not have jurisdiction
please advise me I can get my work permit from uscis or I have to file my 485 in court
Thanks 🙏
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Question MarkNov 26, 2023
yes you can get a c09 work permit based on your I-485 green card application
Steph RomanoNov 26, 2023
you can still get work permit but your lawyer needs to filed a joint motion with the Goverment to have your removal terminated. Administratevely closed, just means they temporarily paused the removal but can proceed later on. That’s why it needs to be definite dismissed/terminated so you can adjust your status. Some lawyers don’t know that surprisingly and ridiculously as it may sound! So talk to your lawyer about it, if that lawyer doesn’t do anything , get another lawyer that will so you can get your green card in the future!
Elsa CarvajalNov 26, 2023
im under removal proceedings my work permit is under the cancellation or removal
why would you attorney file 485, 131 if your still under deportation? is your I-130 approved ? is yes then you can request the court the TERMINATE your case to be able to move forward
many singhNov 26, 2023
@Steph Romano thank you so much but I have to file joint motion with government and ice also but my Vawa case is pending now
many singhNov 26, 2023
@Jane doe did you file after Vawa approved
many singhNov 26, 2023
@Elsa Carvajal my removal proceedings is administrative close now I have Vawa case but now it’s still pending
Steph RomanoNov 26, 2023
@many singh yes Many when I say join motion with Goverment is because the Goverment is the one with the charges against you. A joint motion to reopen is a motion agreed to by both the ICE lawyer and you (or your lawyer), that your deportation or removal case should be reopened (and possibly dismissed/ terminated) THAT is the goal, to allow you pursue the form of relief you are seeking , (green card through VAWA).
I don’t know all details from your case, but if your lawyer already filed for I485 , he / she should have already filed with Court to dismiss your removal. It’s hard to explain it all, but when the time comes for USCIS to touch your I485 to adjudicate , they will ALSO have to administratively close because they have no jurisdiction . JUST THE ICE JUDGE. So in other words , if you your lawyer doesn’t do anything now , nothing will happen. So I urge you to get in touch to your lawyer or one with experience in removal proceedings to take care of this sooner than later!!!
many singhNov 27, 2023
@Steph Romano what do you think uscis will issues work permit or not ?
Steph RomanoNov 27, 2023
@many singh Yes! If you are in removal proceedings, you can still apply for VAWA through USCIS. If the agency approves you can get the employment card and that’s it. The immigration judge can adjust your status (grant you a green card) in court.Or send it back to USCIS.
Elsa CarvajalNov 27, 2023
@many singh case is close but not terminated Closed means your not a priority to be deported at this moment but you can not ontain any legal status until court terminates your case
for your work permit you have to make sure that is was files through the removal processing to be able to get it approved also keep in mind even if doing vawa court is your priority to move forward
Question MarkNov 27, 2023
@Jane doe I’m in removal as well how did your lawyer helped you out with the PD and how kind did it take for you to get a reply..
many singhNov 29, 2023
@sam singh brother please can you explain your case is admin close from bia or ninth circuit court
many singhNov 30, 2023
@sam singh okay paji Mainu admin close mili haan ninth circuit court to
hun phir terminate krya haan asylum case k nai ?

