Immigration judge terminated my case…what’s next? (merged)

[California2020 1]

I was in removal proceedings and one year ago my i130 got approved and right after the approval I sent i485 to Uscis which still pending and I did the fingerprints 

one month ago i sent another copy of the i485 with motion of termination to the immigration court and the judge terminated my case

so my question what’s next am so confused?

will the office of chief council or the immigration court send the AOS package to the local office to schedule appointment or they are just gonna send me the termination letter?

and if they are just gonna send me the termination letter, What should i do next ? How to notify the Uscis that the judge terminated my case and send the some missing documents and the medical report with the termination letter? Or do I have to refill i485 again 

notice( I currently have pending i485 with Uscis that i sent one year ago and it’s the same package that I sent to the court)

has anyone been in the same boat?

[Ban Hammer 12,867]

one post removed for hijacking this thread.
 

[Chancy 6,233]

9 hours ago, California2020 said:

one month ago i sent another copy of the i485 with motion of termination to the immigration court and the judge terminated my case

so my question what’s next am so confused?

 

You mean the immigration judge terminated your removal proceedings?  Not terminated your I-485 case, right?  Anyway, what did your lawyer say about what needs to be done next?

 

[Chancy 6,233]

*** Moved from IR1/CR1 Progress Reports to AOS from Work/Student/Tourist Visas ***

 

[agualimpia 1]

Following this thread. My wife is also in removal proceedings (from Asylum application). Our I-130 was approved and we submitted our AOS form I-485 to Texas Service Center. I hope the judge dismisses her removal proceeding / asylum case. We don't have a hearing schedule yet but I'd love to know what others have to say regarding this situation. 

[California2020 1]

So i sent the complete AOS package with motion of termination and the immigration judge terminated my removal and i have the termination letter 
Also my i485 still pending with uscis for a like a year 
So what is the right way to notify uscis ? 
Should I schedule infopass and give them the termination letter with the missing documents ( financial documents and medical report) and ask them to request my file so they can adjudicate it 
Or should i directly send the uscis the termination letter and the missing documents? 
Which way is gonna work 
Or should i do something else ?
have anyone been through that before?

[Rocio0010 5,572]

22 hours ago, California2020 said:

So i sent the complete AOS package with motion of termination and the immigration judge terminated my removal and i have the termination letter 
Also my i485 still pending with uscis for a like a year 
So what is the right way to notify uscis ? 
Should I schedule infopass and give them the termination letter with the missing documents ( financial documents and medical report) and ask them to request my file so they can adjudicate it 
Or should i directly send the uscis the termination letter and the missing documents? 
Which way is gonna work 
Or should i do something else ?
have anyone been through that before?

Not a DIY case. Time to lawyer up.

[millefleur 5,039]

**Similar threads merged. Please keep all discussion about your case to this thread.**

 

VJ Moderation

[Verrou 1,899]

On 7/28/2021 at 3:11 PM, agualimpia said:

Following this thread. My wife is also in removal proceedings (from Asylum application). Our I-130 was approved and we submitted our AOS form I-485 to Texas Service Center. I hope the judge dismisses her removal proceeding / asylum case. We don't have a hearing schedule yet but I'd love to know what others have to say regarding this situation. 

on the same boat. waiting for i-130 to be approved. we have lawyer. my lawyer told me AFTER i-130 approved then my lawyer will apply i-485 to the judge and also to request termination of my asylum case ( judge will adjudicate the case ) i saw people who commented in this post do the opposite. applied i-485 and then hoping judge will dismiss the asylum case. do u have a lawyer or DIY? if DIY i suggest you to hire a lawyer. this is not do it yourself case.....at least for me 

Edited August 13, 2021 by Misscloud

[agualimpia 1]

10 minutes ago, Misscloud said:

on the same boat. waiting for i-130 to be approved. we have lawyer. my lawyer told me AFTER i-130 approved then my lawyer will apply i-485 to the judge and also to request termination of my asylum case ( judge will adjudicate the case ) i saw people who commented in this post do the opposite. applied i-485 and then hoping judge will dismiss the asylum case. do u have a lawyer or DIY? if DIY i suggest you to hire a lawyer. this is not do it yourself case.....at least for me 

 

We 100% have a lawyer lol.

 

Once (my at the time) GF's asylum application did not get approved and she was sent to immigration court, she got a lawyer. We researched and everything we read said that judges did not like people to go to court lawyerless even if it was the first master hearing. We got married like 6 months after her master hearing and and we submitted the I-130 through our lawyer. It was approved a year and change later without an interview. 

 

Then because my wife is in removal proceedings, we had to submit the I-485 to both the court and USCIS (specifically to Texas Service Center). Now we are waiting for the court to terminate the asylum case, or give my wife a hearing.

 

I'm just trying to find out what happens after this. I know that a) The judge can adjudicate the AOS and give my wife a green card right then and there whenever we have a hearing, but I know that the most like scenario is that b) the judge terminates the asylum case. In that case, how do we let USCIS know?

 

I've read of people in our situation having their I-485 administratively closed due to the person being in removal proceedings. If that happens to us, does USCIS automatically open the case once the removal proceeding case is dismissed or do we have to re-file the AOS application and pay the fees again?

I just have a lot of questions that I didn't know to ask when I was face to face with our lawyer and now that we are in "we're waiting to hear back from the court" mode is hard to get certain answers.

[Verrou 1,899]

12 minutes ago, agualimpia said:

 

We 100% have a lawyer lol.

 

Once (my at the time) GF's asylum application did not get approved and she was sent to immigration court, she got a lawyer. We researched and everything we read said that judges did not like people to go to court lawyerless even if it was the first master hearing. We got married like 6 months after her master hearing and and we submitted the I-130 through our lawyer. It was approved a year and change later without an interview. 

 

Then because my wife is in removal proceedings, we had to submit the I-485 to both the court and USCIS (specifically to Texas Service Center). Now we are waiting for the court to terminate the asylum case, or give my wife a hearing.

 

I'm just trying to find out what happens after this. I know that a) The judge can adjudicate the AOS and give my wife a green card right then and there whenever we have a hearing, but I know that the most like scenario is that b) the judge terminates the asylum case. In that case, how do we let USCIS know?

 

I've read of people in our situation having their I-485 administratively closed due to the person being in removal proceedings. If that happens to us, does USCIS automatically open the case once the removal proceeding case is dismissed or do we have to re-file the AOS application and pay the fees again?

I just have a lot of questions that I didn't know to ask when I was face to face with our lawyer and now that we are in "we're waiting to hear back from the court" mode is hard to get certain answers.

why dont u ask your lawyer? i mean u hire him, definitely can ask that question

 

i did ask my lawyer, the scenario that i received was after i-130 approved, we will go to immigration judge and do everything that needed with IJ instead of USCIS. though i read somewhere that IJ might transfer it to USCIS regarding i-485. but that is something i read somewhere and not from my lawyer ( last sentence)

Edited August 13, 2021 by Misscloud

[agualimpia 1]

1 minute ago, Misscloud said:

why dont u ask your lawyer? i mean u hire him, definitely can ask that question

 

i did ask my lawyer, the scenario that i received was after i-130 approved, we will go to immigration judge and do everything that needed with IJ instead of USCIS. though i read somewhere that IJ might transfer it to USCIS regarding i-485

We also hope to handle everything through the immigration judge as he/she can adjudicate the 485 right then and there but there is the possibility like you said of the court just dismissing the case and letting USCIS handle it. Unfortunately our immigration court is in Orlando and right now they are extremely behind

 

The only question I have now (and I know it's a thing because I read it yesterday in a forum) was the case being administratively closed before the judge dismisses the case so I haven't had a chance to ask. It's also not an emergency so I don't want to spam the office with E-mails every time something peeks my interest if it's not immediately applicable to me. If the judge just dismisses the case, I'll be there face to face to follow the next steps so I don't need to ask that at this moment either. 

[Verrou 1,899]

4 minutes ago, agualimpia said:

We also hope to handle everything through the immigration judge as he/she can adjudicate the 485 right then and there but there is the possibility like you said of the court just dismissing the case and letting USCIS handle it. Unfortunately our immigration court is in Orlando and right now they are extremely behind

 

The only question I have now (and I know it's a thing because I read it yesterday in a forum) was the case being administratively closed before the judge dismisses the case so I haven't had a chance to ask. It's also not an emergency so I don't want to spam the office with E-mails every time something peeks my interest if it's not immediately applicable to me. If the judge just dismisses the case, I'll be there face to face to follow the next steps so I don't need to ask that at this moment either. 

keep us posted here. im way behind your wife case, since my i-130 has been actively reviewed for 8 months and not approved yet. all IJ are way behind especially during covid. like the whole states. 

Edited August 13, 2021 by Misscloud

[agualimpia 1]

Just now, Misscloud said:

keep us posted here. im way behind your wife case, since my i-130 has been actively reviewed for 8 months and not approved yet

For sure. It took around 13 months for our I-130 be approved. It started being at Nebraska but at some point it was transferred to Potomac (we did not get notified when this happen).

 

Either way, hopefully the immigration you and your spouse are assigned to is not extremely backlogged like Orlando is.

 

The website below provides data in that regard.

Immigration Court Backlog Tool: Pending Cases and Length of Wait in Immigration Courts (syr.edu) 

[Verrou 1,899]

Ours is always Potomac from the start. And we already moved the asylum case from NYC to Boston, MA since we are living in portland, ME now. 
 

all the best for u