Thank you for your reply!!!we do have a lawyer and he said that uscis has authority over arriving aliens in removal proceedings,we already did the I 130 and he wants to send it the 485 as well,here is what I found under the jurisdiction on uscis:
D. Jurisdiction
USCIS has the legal authority to adjudicate most adjustment of status cases, including applications by noncitizens who have been placed in deportation or removal proceedings as “arriving aliens.”[18] An immigration judge (IJ) of the Executive Office for Immigration Review (EOIR) has jurisdiction in all other cases where an applicant is in removal proceedings, even if the proceedings have been administratively closed or if there is a final order of deportation or removal which has not yet been executed.[19] As an exception to the general rule regarding “arriving aliens,” the IJ also has jurisdiction over an application filed by a noncitizen who has been placed in deportation or removal proceedings as an “arriving alien” when all of the following conditions apply:
The adjustment application was properly filed with USCIS while the applicant was in the United States;
The applicant departed from and returned to the United States based on a grant of an advance parole document to pursue the previously filed adjustment application;
USCIS denied the adjustment application;
DHS placed the applicant in removal proceedings as an “arriving alien” either upon return to the United States on the advance parole document or after USCIS denied the adjustment application; and
The applicant is seeking to renew the previously denied application for adjustment of status in proceedings.[20]
rikkitikkitavi reacted to a post in a topic:
No Alien Number or online access code on NOA1