Adjustment of Status Denied Day Before Interview

[indian guy 13]

Yes I did read the memo. I was also in the removal proceeding for long enough to know how the proceedings work and what happend in court. The memo guidelines are stipulated with the Relief as well as discretionay action but when in court, IJ look for the way of adjustment first. Proceedings never been terminated unless Ij and government attorney satified with the filing, that also includes the I485 and I864/864A. If Government attorney can't see the alien A file he know that once case is remended to USCIS and I485 is not pending then file will just sit there and no action will be taken. It looks bad on government part, nd why Ta didnot paid attnetion before terminate the proceedings, therefore, it will be asked to file the I-485 before terminate the proceeding. further more That only happend if the I130 is approved, if not the IJ will give another date longer then 6 months and wait.

the guidlines you posted have special meaning called joint motion to terminate the case. You may don't know that " case only be terminated once the joint motion is filed and then remand case back to USCIS. TA will not sign the motion if he suspect that filing is not correct or lack of forms. sometimes USCIS officer just revet the case back to court because no proper filing.

The memo is the basic guideline for joining the motion and terminate the case and remand back but. it won't happent unless

I130 is approved,

I485 is filed, and got receipt from TX centre.

Fingerprint is taken and results are favourable to alien/waiver is available.

Bottom line ICE attorney (TA) will not ask the IJ to terminate the case, He is actually supporting the ICE who initiate the remocal, ITs alien attorney who ask TA to join the motion and TA can joinIF the memo guidelines and Proper filing is done on the case. I think the OP should post back what his attorney suggested. then you will know what I,m talking about.

Just to let you know that this is not the MEMO ICE issued first time, There is one similar memo issued long ago The key word "Bo cooper memo" Search that and you will find similar guideline posted by Attorney general.

[indian guy 13]

here is the official version of memo.

http://www.uscis.gov/USCIS/Outreach/Interim%20Guidance%20for%20Comment/coordination-adjud-removal-proceedings.pdf

[Myopia 93]

here is the official version of memo.

http://www.uscis.gov/USCIS/Outreach/Interim%20Guidance%20for%20Comment/coordination-adjud-removal-proceedings.pdf

Thats an update to the field manual not the memo. That USCIS' policy on how to handle these cases.

The ICE memo was the one I posted.

Thanks.

[indian guy 13]

Aliens are adjusted in field offices, not in service ceners isn't it? Field offices are the one who initiates the Removals isn't it? Once they already have the memo in place, do you ever put your thought , why they issue the NTA? I guess you only have limited information about memo's and due process.

[Myopia 93]

Aliens are adjusted in field offices, not in service ceners isn't it? Field offices are the one who initiates the Removals isn't it? Once they already have the memo in place, do you ever put your thought , why they issue the NTA? I guess you only have limited information about memo's and due process.

Pascal.Honestly I could care less.

This issue isnt the most pertinent issue to me. I have bigger fish to fry and am probably more knowledgable in those matter that applies to me. The fact that you more than likely know more than me in these matters is a wonderful thing. The fact that I couldnt understand half of what you typed is a whole other matter.

Best of everything.

Edited March 20, 2011 by Myopia