david R: question do your lawyer file with BIA or Dhs as to file the motion

@Marcten 10 For the Miami DHS office weirdly they wanted to file it . Normally I heard after dhs approves the prosecutorial discretion(pd) , your lawyer sends the joint motion . did OPLA already approve your pd ?

@David R yes they approve it 12/14 now I’m trynna see how long the BIA judge will take to approve to sign it

@Marcten 10 So you guys haven’t sent it yet to the BIA ? If not you should send it asap so it can start processing . We can keep each other updated on it . Miami OPLA lawyers said they send the joint motion , and BIA said they still haven’t received it . If BIA still hasn’t receive it this week , my lawyer will reach out to the OPLA attorneys again to follow up

@David R my lawyer sent it to BIA already I’m just waiting now I let you know if any update

oh wow awesome please do ! Do you see it reflected yet when u check your case online that they received it ?

no it’s not reflecte it yet I got PD 12/14 I gues the court has it receive it yet

nice let me know when you get a receipt or decision . Patiently waiting lol . DHS said it was delivered on 11/30, and still no receipt .

BIA somehow lost the motion that was sent in the mail . so I had someone hand delivered to them on Wednesday and got stamped receipt , so now I can see the motion on my case online . It says received 12/21/2022. Now the waiting game starts . Hopefuly I get it soon .

Nice did file it a second times mine still hasn’t update if next week I don’t hear anything I’ll call my lawyer to follow up with him

i am in this other thread . Someone said it took them about 3 months for BIA to approve the joint motion

Hi, guys. DHS Los Angeles office sent a joint motion to terminate and BIA received it on 12/15/2022. Motion info updated on EOIR . Waiting for a desision now. Please let’s keep each other updated on this. Hopefully right after 2023 starts!!! 🙏🙏🙏

@Julia89 Awesome ! mine was 12/21/2022 . So right behind you . I agree we should keep this thread updated . I hope we all get a decision soon as well .

@Marcten 10 Any luck yet with BIA receiving the motion ?

hi, guys! any updates on your motions? no updates of my case at automatic system . Will try to call the clerk’s tomorrow

Hello ! I was going to ping this thread as well . No updates from my part yet , just received . What are you playing on asking or telling them when you call .

it would be nice to get a fast response like others do for immigration court , but it’s the BIA

I don’t know what to ask , really . But also don’t want them to seat on my motion for months. I don’t know if it’s the coincidence, but they updated a status on their court system to received next day after I called to check if they’ve received my motion . The clerk on the phone said they did not.

but apparently they found it right after I called. maybe I’ll ask just what’s the time frame to review a motion or if there is any updates so they can actually touch the case :)

nice good idea, I will probably do the same . i hope this works lol and we can all get approve in the next month or two . I was planning on waiting at least 6 months lol .

I’m not in position to wait for 6 months, I already filed for adjustment of status through diversity visa lottery . they can call me for an interview any day . so I need to get out from the court asap! blessings to us 🙏

fiscal year ends in September 30, 2023 so USCIS have to adjust my case prior to deadline

Hello guys, can I reapply for a fresh petition after filing for a motion/appeal?

@Omo what do you mean ? what’s the motion for ? asylum ? can you share some context on the ask

@Julia89 I submitted the i485 as well last month , I really hope we get it soon , but worst case is that they close it due to lack of jurisdiction . we can open it after we get the letter from the judge of dismissal . But i would rather just get it the first time . let me know what they say tomorrow !

@David, I-140 petition denial. Motion to reopen/reconsider And then a fresh petition at same time

@Omo i see , are you in removal proceedings with BIA ? if not , you should open another thread for that . The motion to reopen you referring to seems to be with USCIS . We haven’t personally went through so if you post it other might see it so they can help you. Make sure to include cause of denial as well

@Julia89 Any luck with calling them ?

@°David, no I am not. Okay, thank you so much.

I didn’t call yet. Will do it tomorrow

Marcten : thank you for ur information. my removal proceeding has been terminated today

@domino Congrats bro!! I see that that it was fast based on your post . Less than a month , wow !! Was it with the BIA or regular immigration court ? anything you did that can help us get a decision fast like you ?

just immigration court. no appeal or BIA. I guess the speed is depend on the judge is he busy or not. that’s why I want to get out from the court.

@domino BIA is known for long wait times . we all filed recently like you , so hopefully we get an answer soon . Thanks and congrats again !!🎊🎉

@domino Congratulations!!! Now you can breeze freely!

I called to BIA today , asked about proceedings times. A lady told me that my motion is currently pending and there is no exact times for processing. I also told her a bit of my story and asked how I can expedite. She replied that a motion is still recently filed and If I would like I can just write a letter to the court explaining why it has to be expedited. No official form is required for that.

lol she told me the EXACT thing . She wasn’t too willing to help lol. i got the exact same lady . She said to a letter , to who exactly ? Do we have to file a motion to expedite ? Are you going to write the letter ? i was planning on doing that because BIA takes a very long time to make decisions

fastest decision I have seen from BIA so far based on my research is at least 6 months for joint motions . That’s if we’re lucky lol

BIA take a long time. I know it can be up to 8-9 months. hang in there guys

domino 22: congratulation I am really happy for you some good news

thank you so much Marcten 10. if u didn’t tell me about Coronado Acevedo I won’t get my proceeding terminated. I really really appreciate ur info

Unbelievable news guys , The motion was granted in less than 60 days on February 1st . I am getting the mail today . I just checked on the portal : A Motion to reopen BIA jurisdiction was completed on February 1 2023 was terminated !!

i am so happy guys !! i know yours is coming soon as well !!!! 🎉🥳🎊🎊

i got the bia judge dismissal letter yesterday . so far 2 people who filed in December got it from BIA .

@Julia89 any good news from your side yet ?

OMG!!! Congratulations, David!!!! what’s the next step for you ? You gave me a good hope. no updates on my end yet . I filed a letter to expedite explaining my personal situation. It was recived on January 23, 2023. I called the clerks office yesterday ( I believe that’s the same lady and she already knows me 😀) she told me that a motion is under expedited review , but still pending. it was yesterday! did you file an expedite request?

@Julia89 thank you !! it’s a relief . I’ve had that deportation order for more than 15 years . my green card application is still pending . It’s been 2 months . No I didn’t expedite . I was willing to wait untill summer to try to do that . I think yours should be coming soon ! Someone else I know just got approval from BIA , she filed around December like we did .

let us know when u get your big news !

I surely will 🙏 really hope for a long awaited news for me by the end of the month. I’ve been in removal since 2011 and 7 years of admin closure with BIA

Guys new to the forum. My attorney received signed jointed motion to re-open and dismiss yesterday 02.23.22 and plans to send it to BIA (Miami) if not today (early next week) I have had a final in absentia removal order for the last 15 years so them agreeing to file jointly are the best news ever. Couple of questions: -How can I check if the BIA received the motion from my attorney? -I'm adjusting status via approved I-130 (marriaged to US citizen) and the current processing times for I-485 are 12+ months. Could I submit the I-485 while waiting on the BIA decision to win some time on the adjustment of status form processing? Thanks in advance for the advise

@Manny CV Hello welcome to the forum! There is only one office for the BIA , which is in Virginia I believe . Most of us here , appealed to the BIA in the past, but was denied. Is that the same case with you ? If not then your joint motion is with Miami immigration court. If you are in the same position as the rest of us, then I can answer your questions: - You can check if BIA received your motion two ways: - On the EOIR portal : https://acis.eoir.justice.gov/en/ You can enter your A number and see if any motion was received - Another way you can check is by calling the BIA clerk's office, and ask them if they received anything For the BIA it depends on who is handling the cases, for some people like myself, it was really fast , I got the termination in like a month. I had apply for I-485 around the same time(still pending). So you should be safe to apply for your green card , worst case you can reopen your case after you get your dismissal/termination letter, if they close your case before you get the letter. You should get an answer within 6-8 months from the BIA if it is a joint motion.

@David R Thank you Sir. Confirmed with attorney Signed Joint Motion was sent to BIA (Virginia) on 02.24.23 Will monitor via portal to confirm they received it. For some reason my attorney said we should wait for decision from BIA before submitting I-485 but it has been the norm with him as he likes to go "by the book" I will ask one more time as I-485 are normally taking 12+months and we could technically have that processing in parallel and win some time. Wow..got a decision in a month?? Unheard off. Anything special you did that might have influenced the process?

@Manny CV Lol my attorney told me the same thing to wait for BIA. I told ask her again after while and she agreed , maybe she was looking for my money , but it didn't matter . I said that USCIS going to take time anyway for a decision. The wait time is very long. Most likely BIA will make a decision before USCIS. Like I told you worst case is that you file motion to reopen for your I-485 , if BIA doesn't make a decision in time . If you apply now, at least you are in the long queue, and can save you time. Since you are from Miami , it should be fast. I know another person who filed in December like I did from Miami and got approved in a month .

I didnt do anything special . I wasn't expecting any response anytime soon. As you can see in the chat I was ready to wait the 6+ months. It was a huge surprised ! Because from what I've seen BIA takes a long time. You need a lot luck lol . Hopefully I am lucky with USCIS as well

Guys , finally can share my timeline!!! my motion to reopen was granted and my case is TERMINATED as of today! I was in removal since 2011. I still can’t believe it’s over for me. December 13,2022 DHS Los Angeles, CA filled a motion to reopen to BIA December 15,2022 BIA received it March 2, 2023 Procedings are Terminated I’ve done everything on my own as pro se individual without lawyer. I reached out to DHS and asked for PD and then ask them to file a motion to BIA . All glory to my Lord and Saviour Jesus Christ! Ask and it will be given . Knock and it will be open. Seek and you will find. Indeed.

@julia89 K such great news...trully happy you on your way to become a Permanent Resident. My joint motion was recieved by BIA on 02.27.23 (Miami Office) just like @david R so now I wait...hopefully I am as lucky and it gets granted as quick as it did for him.

@Julia89 k Congrats !!! 🥳🥳🎉🎉I am so happy for you . We all got answer pretty quick !! I thought we would have had to wait long (6-8 months ), but we made it through fine ! what a journey it has been for all of us in this forum. Many of us have been in deportation for more than a decade lol . I couldn’t believe either when I heard the good news . Felt a like a dream lol @Marcten 10 You are next buddy !! We all applied around the same time . This post should help others in the future that are dealing with the BIA , in terms of timeframe .

@Manny CV Yep yours is in the works ! you might get it sooner than you think

@Julia89 k So what’s next for you ? I was wondering do i need to follow up with USCIS so they aware of me no longer being in removal proceedings . i also have a pending I-485

@David R thank you so much! only those who been in such uncertainty for decade will understand how it feels. Now waiting for an actual letter to come in the mail. I have to make my research on that , do we have to follow up with USCIS or just patiently wait on an interview call and bring all proof along. Did you have your interview already ? if yes I think you should call for an info pass and bring the termination letter to your FO.

@Julia89 k No interview yet . I am still waiting . My I-485 has been pending for 90 days now. My application is at another FO right now, so I might not get interview. Hopefully they see it in the system that it was terminated before they decide to deny it lol. Hoping so bad for an approval. I should have an answer within 1-2 months from now. I will let you know of the decision. Do let me know as well , thanks!

@David R wishing you a waived interview and to see a great news that your card is being produced. Btw how long did it take for a judge order to come in a mail after you saw you updated case on EOIR website ?

@Julia89 k Thanks!! I hope the same for you as well. It took about 9 days after approval . It should be coming soon lol. I think they send it slow mail. I actually found it was terminated by mail . So I found out 9 days after approval when the mail came

hello guys Julia89: I need your help please I am trynna expedite my motion I need your help Julia89 please to do it

Guys update on my Case. Happy to report that my motion was granted yesterday 05.18.23 and case is terminated after being on deportation since 2004.

@Manny CV Congrats!!! Glad you got it ! didn’t too long which is good news ! what’s next step for you ? did you submit a I-485 already ? i am still waiting on a decision on my I-485 , pending 6 months now .

@Julia89 k Any decisions on your I-485 case yet ?

@David R I’m having an interview in 10 days 🙏

@Julia89 k oh wow congrats ! this is big ! you pretty much got it in the bag ! Good luck on your interview !! Let us know if you make it to the other side ! Lol. I love hearing successful stories .

@David R thank you! I will keep you updated🙏

@David R @Julia89 k @Manny CV can someone tell me how long dhs gonna take my joint to motion dismiss but I don't have judge for asylum and I applied in April first week it's almost been 2 months nd no respond from anyone can u guys tell me how long should I wait nd what time period for dhs to respond on my case my case is from 2016 cause I haven't heard anything im stress as hell

@David R I was issued deportation back in 2006 which also landed in BIA, I’m now waiting for my US citizen daughter's I130 approval, did you request for PD and filed a motion to BIA before you file your I485? I would love to see if I can save time by filing my I485 without having to wait for the PD request and BIA decision.

@g s No one can really know . it depends on your location , person working on it etc… you should contact your Congress person to help out . it helped me and my friend out . They made a decision quickly after I contacted my Congress person

@R O 13 I would advise that yes . I filed my I-485 , before I sent the request to the BIA . i knew USCIS was gonna take a long time anyway , so I got the ball rolling. I’m 7 months into my application and nothing . They are waiting on my A-file before they make a decision . So hopefully next month .

@Julia89 k how was the interview ? Any news yet ? I am still waiting on any action on mine.

@David R today marked exactly 3 weeks since my interview. An Officer didn’t make an on spot decision so he had to request my previous asylum file which is not revelant or valid at this point. I’m under Temporary Protected Status now. This wait is very exhausting, but I guess 3 weeks after being 12 years in removal is nothing. Hoping for a miracle. did you have your interview ?

@Julia89 k No interview yet for me . They requested my A-file(to look at my previous asylum ,previous applications ) , when they receive they will let me know of next steps . My case is currently not at my field office , it’s in in Phoenix Arizona , and I live in Washington. Mosy likely no interview . We are kind of in the same position . I’ll make sure to keep you updated .

We’re almost there

@pupia Lamorkie only the lawyer will get it , since they represent you . Ask your lawyer for proof letting you know if they actually did it , either an email or confirmation if they did it through the portal . i tried to contact ICE on my own after my lawyer sent it , but they said they don’t talk to people that are represented by a lawyer .

@David R today I received an update that my case was denied… waiting for an explanation letter from USCIS . I’m assuming is because of previous asylum case that leaded to removal proceedings… DV cases (lottery) are pretty strict about it . Pretty sad , absolutely not the outcome I was hoping and praying for , but it is what it is… I guess I will meet my US Citizen husband in a future whom I’ll be able to call the love of my life :)) or after the war is over and I’ll be able to maintain my TPS status I’ll move to another country. America is being very difficult with its immigration laws and system. Hopefully you’ll be able to share some good news with me. Good Luck 🙌

@pupia Lamorkie I looked up the information about ICE Miami duty attorney . Theres should be phone number and emails . look up your information for ice at your location . let me know if that’s helps

@Julia89 k I am sorry to hear. that’s a very unfortunate result . America immigration system is really hard for sure, almost impossible . I was even thinking of moving to Canada lol, since I heard it was a little bit easier . . I’m been here 15+ years , and still no green card . I have TPS as well . My last 485 was denied because of the deportation . Hoping good news finally ! Wont get a decision till October . You should contact your lawyers and do some research to double check if there’s nothing you can do . I’ll look as well . I’ll pray for you and hope things work out for you !

Hey, I'm in a similar position and I just came across this thread. @David R did your I-485 get approved, yet? I was thinking about sending my application ahead of time while I wait for the BIA to terminate my removal proceedings. @Julia89 did your green card application get denied because of unlawful presence? Unless it's a marriage based petition, they're very strict and don't forgive a lot inadmissibilities. Please, let me know how your journey is progressing thus far. Thank you!

@Khadar D yes you should send yours . USCIS will most likely take a while to process your application anyway . no approval yet , just EAD . i am waiting for my interview on 30th of November . i can’t wait lol . I’ll let you know if I get it . I am employment based so hopefully I still get approval .

Thank you for your reply, @David R. I wish you the best and a successful interview. Although, from reading your past comments, you said you are on Tps? I hope you didn't accrue any unlawful presence before you applied for Tps which would bar you from getting that green card.

@Khadar D yes I am on tps . never accrued any unlawful presence . So I am good on that . I hope they can see they have jurisdication and don’t deny it . i will make sure to bring the judges letter to the interview

thanks for the wishes ! hopefully everything goes well . and I get that approval on same day !

Good luck and keep us posted!

of course !

Hi everyone, I'm new to this forum. I am with the same story as most of you, I have a deportation order since 2004 and I filed a motion to reopen which was denied and then my case was transferred to the BIA, also here I have submitted a joint motion, they received it on May 15 of this year and I have been waiting almost 6 months for a response which unfortunately did not arrive. Fortunately and thanks to all the information I have read here from DAVID, JULIA AND MANY

NOW I KNOW I'M HOPEFUL THAT MY CASE COULD GET APPROVED, BECAUSE ITS THE SAME STORY AS YOURS BUT I KNOW IT HASN'T BEEN AS FAST AS YOU GUYS (DAVID, JULIA MANY) BUT I'LL MAKE THE CALLS THIS NEXT WEEK TO FIND OUT WHY MY CASE HAS TAKEN SO LONG.

@Marcten 10 any news on your motion petition? did you finally get granted? I know about the good news on @David R but I didn't hear from you.

@David R tell us the good news!

Update: I-485 was received by NBC on July 7th and currently in step 3 of 4 (attend interview if applicable) which I have not been scheduled for. Wishing all of you guys the best possible outcome on your pending cases!

@Khadar D yea nothing yet bro my status changed to after the interview : interview was completed and my case must be reviewed we gave them the I-485J at the interview to confirm the bona fide job still exist . We were told at the interview that we will get an update for approval or if additional documents are needed in 3-4 weeks . it looks like I might get an answer before the year ends . i will keep u guys updated as soon i as get an update . I feel the interview went alright but we’ll see !

@Manny CV Congrats ! almost at the finish line ! let us know if any changes

I just read all your comments. This thread is very helpful. I’m about to write DHS to sign the joint motion to reopen so that I can terminate my deportation. My case is currently pending in BIA. @David R - do you have any updates? I’m married to a US citizen and we have a daughter together who was born here.

@Mohamed Sajath yes I do . i got approved this week on the 10th . It was taking too long so I contacted congressman and it got approved 2-3 days later . Very excited! I can’t wait to receive the card next week . It has been a long journey

Happy to hear that @David R. Congrats!

@Mohamed Sajath Thanks bro ! good luck on your case !