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Ilove2laughja

Moving Greencard decision out of the courts

By Ilove2laughja in Adjustment of Status from Work, Student, & Tourist Visas

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Boiler Grand Master

Boiler   43,427

Posted
Filed: K-1 Visa Country: Wales
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Posted

Have you discussed this with your Lawyer, believe it is an issue for the Judge.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   43,427

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Filed: K-1 Visa Country: Wales
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Posted

Have you appointed a new one, are you looking fr recommendations?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ilove2laughja Apprentice

Ilove2laughja   2

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Filed: AOS (pnd) Country: Jamaica
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No it was more because of the finances than anything else. My husband has no criminal history whatsoever he only overstayed..so we need one but we dont...

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Boiler Grand Master

Boiler   43,427

Posted
Filed: K-1 Visa Country: Wales
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Not sure I have seen a case of someone in Removal Proceedings looking to adjust who has not used a lawyer.

 

Please let us know how it goes.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Pinkrlion Mentor

Pinkrlion   2,607

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Filed: Country: Jamaica
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Posted

You need legal assistance for someone in removal proceedings, has he already been before the judge?  Or r u saying he is in removal proceedings from a denied I-485?

Phase I - IV - Completed the Immigration Journey 

 

 

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Crazy Cat Grand Master

Crazy Cat   39,213

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)

Come on, surely you aren't looking for advice here for a case already in removal proceedings!!! 

 

I'm sorry, but that is just unbelievable....

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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sparkles_ Proficient

sparkles_   456

Posted
Filed: AOS (apr) Country: Morocco
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Posted

Go to the pro bono office that is near every immigration court. It's usually small and tucked away, find it on the floor/suite map of the building or ask security. You need some sort of legal help really, before you mess things up trying to DIY and then end up paying a lawyer 2x more to fix it. 

 

My husband was in removal for overstay and it was a 2.5yr process with a lawyer, I can shed some light on what you need to do....but don't know how well it can be done without a lawyer.

 

Do you have an approved i130? If so you have to seek termination of removal and have the i485 remanded to USCIS for normal processing. Are you in court because the 485 was denied and you were put into removal? That I am clueless about but know you can adjust in front of a judge via merits hearing and the judge will grant the GC. 

 

 

Basically, how did you guys get into removal? That matters to answer properly 

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
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sparkles_ Proficient

sparkles_   456

Posted
Filed: AOS (apr) Country: Morocco
 Timeline
Posted (edited)

 

14 hours ago, Ilove2laughja said:

No it was more because of the finances than anything else. My husband has no criminal history whatsoever he only overstayed..so we need one but we dont...

So he overstayed, you must file a two step AOS. The i130 first must be approved, 50-50 on if you would have an interview for it. If so, it will be a stokes. During the wait time for the i130, you want to request the judge pend your case for 6mo-1yr depending on scheduling based on a processing i130....bring that proof to court. You will be pended til that is approved or denied. Once approved, you wait til your next court date and request termination without prejudice and to have your case remanded to USCIS. Have a copy of the i485 already filled out, photos, everything as a show that you are on top of it. You will either be terminated or given a merit hearing to adjust in court. Termination just means you file like anyone else but must include the form from the judge granting termination and allowing the case to be processed.  

 

I am strongly still advising you to at least have a pay by the hour legal service, or pro bono. This is like a mine field, high risk. I paid 9,000$ Total for ours and took a loan for it, you can't put a price on keeping your spouse with you ! 

 

All I said is all that I saw our lawyer do for us. I have a thread about ours where I kept tabs and updates called "visit from ICE, now going to court"  if you want to read it.

 

 

Feel free to PM me. Not many of us have posted about removal and come out the other end smiling. I see you are in Atlanta, the lawyer we used travels to Georgia as well as the Carolinas for removal issues. She works wonders. She also takes payments.....a rarity

Edited by sparkles_

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
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Everlast Collaborator

Everlast   49

Posted
Filed: Citizen (apr) Timeline
Posted
38 minutes ago, missileman said:

Come on, surely you aren't looking for advice here for a case already in removal proceedings!!! 

 

I'm sorry, but that is just unbelievable....

Missileman, why the pessimism? Are we not here to seek advice and get some sort of hope in our messed universe?

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Everlast Collaborator

Everlast   49

Posted
Filed: Citizen (apr) Timeline
Posted
22 minutes ago, sparkles_ said:

 

So he overstayed, you must file a two step AOS. The i130 first must be approved, 50-50 on if you would have an interview for it. If so, it will be a stokes. During the wait time for the i130, you want to request the judge pend your case for 6mo-1yr depending on scheduling based on a processing i130....bring that proof to court. You will be pended til that is approved or denied. Once approved, you wait til your next court date and request termination without prejudice and to have your case remanded to USCIS. Have a copy of the i485 already filled out, photos, everything as a show that you are on top of it. You will either be terminated or given a merit hearing to adjust in court. Termination just means you file like anyone else but must include the form from the judge granting termination and allowing the case to be processed.  

 

I am strongly still advising you to at least have a pay by the hour legal service, or pro bono. This is like a mine field, high risk. I paid 9,000$ Total for ours and took a loan for it, you can't put a price on keeping your spouse with you ! 

 

All I said is all that I saw our lawyer do for us. I have a thread about ours where I kept tabs and updates called "visit from ICE, now going to court"  if you want to read it.

 

 

Feel free to PM me. Not many of us have posted about removal and come out the other end smiling. I see you are in Atlanta, the lawyer we used travels to Georgia as well as the Carolinas for removal issues. She works wonders. She also takes payments.....a rarity

Good job! Lovely piece of advice!! Happy new year to you!!!

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Crazy Cat Grand Master

Crazy Cat   39,213

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
16 minutes ago, Everlast said:

Missileman, why the pessimism? Are we not here to seek advice and get some sort of hope in our messed universe?

Of course, but there is a time for professional help......and removal proceedings are serious business..

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Going through Mentor

Going through   5,668

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
3 hours ago, missileman said:

Come on, surely you aren't looking for advice here for a case already in removal proceedings!!! 

 

I'm sorry, but that is just unbelievable....

I've come to realize during my time on VJ that nothing really surprises me anymore.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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