Question about removal proceedings

[JeanGrey 0]

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.

[Hypnos 6,576]

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.

[JeanGrey 0]

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.

[Hypnos 6,576]

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

[NancyNguyen 1,657]

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.

[Ryan H 3,790]

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

Edited July 6, 2015 by Ryan H

[Boiler 43,397]

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

[JeanGrey 0]

Hmm we applied for deferred action with USCIS and it was approved by them.. so I think we're still under their jurisdiction but I will consult an attorney.

Thank you all for your responses.

[JeanGrey 0]

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.