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JeanGrey

Question about removal proceedings

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Good afternoon,

My father applied for green cards for my sisters (14 and 20 at the time) and I (19 at the time) when he was just an LPR in 2009. The case drag on for a while, ultimately my younger sister's petition was approved (probably an age thing) while mine and my older sisters were denied. My older sister and I were subsequently place in removal proceedings in 2011 (through receiving a NTA (notice to appear)). Our cases however were never filed with the immigration court it seems because we never got court dates and calling 1-800-898-7180 reveals nothing we just get the message that our cases have not been file yet (it's been 5 years).

1. When do removal proceeding actually start? I've been informed that they start when the alien receives a NTA, but I've also heard that they start when an NTA is filed with the immigration court.

2. I got married to my high school sweetheart in the last year (he is a US Citizen), would I have a problem adjusting? I'm worried that the removal proceedings may cause some problems.

Relevant background info:

My older sister and I arrived as B2 in 2001, we were 11 and 12 respectively. We obviously overstayed our visas and that was cited in the NTA as the reason we were eligible for removal. We both applied for and received DACA when that became available.

Our father officially became a US Citizen in 2013 and my younger sister gained citizenship automatically.


I just realized that this might be in the wrong forum.. I apologize for that.

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You should consult an experienced immigration attorney.

Since you have been referred to immigration court then I don't believe you are eligible to file for AoS at this time; you would need to file a motion with the court to terminate your removal proceedings before you were able to proceed. It would help if the ICE counsel joined your motion.

As I said, an immigration attorney is the way to go in this situation.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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You should consult an experienced immigration attorney.

Since you have been referred to immigration court then I don't believe you are eligible to file for AoS at this time; you would need to file a motion with the court to terminate your removal proceedings before you were able to proceed. It would help if the ICE counsel joined your motion.

As I said, an immigration attorney is the way to go in this situation.

We have not been referred to the court yet.. we only got the 'nta'. The case was never actually referred to the courts yet based on the immigration court line.

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I suspect that counts as removing you from USCIS' jurisdiction, but an attorney will be able to tell you definitively.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Immigration court takes forever for a date. Sorry but you need to consult an attorney, you can't file AOS when you have a pending proceeding. Phone line is not always helpful.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Moved from What Visa Do I Need - Family Based Immigration forum to DACA forum.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Devil is in the details, could be straightforward, could be complicated.


“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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So I contacted a few attornies for consultation and they informed me that my case is still under USCIS jurisdiction until the NTA is filed with the courts. I called the local immigration court and spoke with the clerk who confirmed that my case has not yet been filed with the court.

A little reluctant to proceed but I feel a little relieved.

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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