k kunal
Aug 17, 2021
I-485 Administratively closed under removal proceedings
hello all
I have Received letter from USCIS regrading closure on my I-485 due to removal proceedings pending with the court. I have filed Prosecutorial discretion with DHS. I have not idea what Would be next step. I have approved I-130 from USCIS. please help me with your thoughts and Experience regards this situation. Thanks all in advance.
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Niquee NiqueeAug 17, 2021
write a letter to the giving address at the bottom of the letter with proof that your proceedings was terminated. have your lawyer filed a motion to terminate with the court or you can adjust your status through the court
k kunalAug 17, 2021
Thanks for you’re information@ niquee baxter
Waiting DudeAug 17, 2021
just like Baxter said, your lawyer is supposed to file motion to terminate your case with the office of chief counsel and immigration court based on approved I-130.
Michael SamuelsAug 17, 2021
Just a word of comfort, I had somewhat similar case way back in 2004. I-130 approved, but the denied my I-485. I fought them Year after year buying time in order to find the solution and there a way out.
case finally ended up before immigration judge and believe this, he close the case saying uscis has being waiting my time and the courts as well.
That was back in 2006 and I have being a LPR since, didn't get dip.
Trust God with all your heart, don't get side track with the circumstances.
B AAug 17, 2021
@michael thanks for sharing
Blessed 😇 oAug 17, 2021
last sent by @Michael is so important and strong. trust God! 🙌🏽
Waiting DudeAug 17, 2021
@Micheal thank you for sharing. Have you got citizenship now? Am in same situation waiting for interview for I-130 then terminate case.
Michael SamuelsAug 18, 2021
Hi A,
I am intending to file for citizenship later this year. I have been qualified since 2009.
Waiting DudeAug 18, 2021
Congratulations your testimony gives some of us hope.
k kunalOct 6, 2021
hello friends, good morning finally judge as terminated my proceedings what would be the next step with us is with I-130 approved
Waiting DudeOct 6, 2021
filing AOS with USCIS
Blessed 😇 oOct 6, 2021
notify uscis as soon as possible. they will approve your I-485
Blessed 😇 oOct 6, 2021
send them a copy of the judgment
Shak MNov 16, 2021
can you work during administrative closure using EAD received from 485 filing?
Shak MNov 16, 2021
I received administrative closure notice due to pending NTA hearing scheduled with judge for July 2022. However, NTA was issued after my previous 485 withdrawal but I have valid non immigrant status. seems current 485 officer missed looking at my valid non immigrant status.. problem is closure notice states we cannot appeal this. What to do now?
k kunalNov 17, 2021
I’m currently working with valid work permit but my situation is different judge terminated my Removal proceedings, I have submitted termination letter to uscis as of now. why did you got NTA? why did you withdrawal i-485
Shak MNov 17, 2021
I had to withdraw 485 due to no grounds for waiver to resolve previous violation. NTA was issued bcoz my non immigrant status was pending for renewal when I withdraw from 485. It later got approved. Now I qualify for 485 but they issued admin closure notice bcoz NTA is still pending and they are saying judge can give u approve/deny GC as USCIS doesn't have jurisdiction due to pending NTA. this is frustrating as they created this mess and throw us in limbo playing with our lives.
Shak MNov 17, 2021
how and when did judge terminate your removal? I want to expedite it as my hearing is July 2022. Cannot keep waiting like this.
k kunalNov 17, 2021
Ok I got you. Judge terminated my proceedings last month but I haven’t got any date for NTA before termination. but in my case uscis need to approve GC
Shak MNov 17, 2021
did your lawyer talk to judge for termination or it just came automatically? My letter states to contact USCIS if it automatically gets terminated.
k kunalNov 17, 2021
you need file PD with DHS If DHS agreed with you’re request they will send you’re a paper work to EOIR then judge will decide to terminat or issued the GC in the court
Pieter ADec 14, 2021
Kunal, I have the same exact case as you, the IJ terminated my proceedings after my PD was approved and I sent the termination letter to USCIS for them to rapproche my GC. They reopened my case last week so I am waiting now for approval. Did they approve yours?
Shak MDec 14, 2021
Pieter, I received termination today. Did you simply mail this alongwith notice of closure or you attached some type of letter?
Pieter ADec 14, 2021
I typed a letter with my information and a small statement requesting them to reopen my case. I joined the termination letter and the notice of closure and mailed it back to the address on the closure notice
Shak MDec 14, 2021
thank you very much.
k kunalDec 15, 2021
Pieter, I have mailed them few weeks ago. I haven’t Heard anything from them yet .recently I have called uscis and I took pass info appointment let’s see
Pieter ADec 15, 2021
okay Kunal, let’s see what happens. I will keep you updated too if I hear something
Waiting DudeDec 15, 2021
My I-130 interview went well and I got approved the next day. I have a Master hearing in January. can I file to terminate my asylum case before or I have to first appear for the Master hearing?
Leon BeltranDec 30, 2021
Hello guys,
I’m in the same situation, here is my story. I was in Removal Proceedings and I got married to a USC in 2018. I filed my I-130 and I-485 the same year. I got my I-130 approved by USCIS in January 2021 after an interview and received the notice a month after saying my I-485 is administratively closed due to the pending Proceedings.
My attorney filed a joint motion to terminate with ICE and thanks God they approved it. So we forwarded everything to the judge and last month we got the termination order from the judge.
I write a motion to reopen my I-485 tho weeks ago and mail to my local USCIS field attaching the judge termination order, the administratively closure notice, and my I-485 receipt.
I haven’t got any response from them, just checking my case status to see any updates. They’ll probably schedule my interview, or waive it and approve my GC, who knows, but that will be the best scenario.
Hope this helps.
Waiting DudeDec 31, 2021
Thanks for sharing.
B AJan 1, 2022
thanks for sharing @leon
k kunalJan 1, 2022
Hey Leon thanks for sharing. Call USCIS and ask for info Pass appointment they will call within 30 days explain the same situation you’re going through. You may have chance to visit immigration officer and re-submitted you’re termination letter. They will approve you’re GC. I am waiting for my call it’s been 20 days so far.
Leon BeltranJan 1, 2022
@Kunal,
What do you meant by approving your GC? Waiving the interview? Ok! I’ll cal USCIS on Monday and see. Thanks for sharing.
k kunalJan 1, 2022
@leon . I meant that you will approve you’re green card by submitting termination lettering . There will be no interview. You had one interview earlier when you’re I-130 is approved.
Waiting DudeJan 3, 2022
@kunal thanks for sharing.
Leon BeltranJan 7, 2022
Quick question guys,
What happens when you send your motion to reopen I-485 with USCIS? They reply back to you with a notice confirming your case has been reopened? Or you just see the change via your case number updating?
I sent my request on Dec 14 and no feedback, no update so far.
k kunalJan 7, 2022
@Leon
They won’t send you any confirming receipt. I think wait time is 90 Days .
Leon BeltranJan 7, 2022
@Kunal,
I got it, thank you.
Waiting DudeJan 8, 2022
Question: what happens to your valid C8 work permit if your case is terminated due to approved I-130 🤔
Leon BeltranJan 8, 2022
@A
Your work permit remains valid till the expiration. If your GC isn’t approve by that expiration, you have to renew but on different category, NOT C8 (because your case is terminated) but C9 (under your marriage).
Waiting DudeJan 8, 2022
Thank you Leon.
Shak MJan 9, 2022
Pieter, I mailed termination and reopen request mid Dec to Miami FO. Have not received receipt or online update. Did you receive them?
k sJan 10, 2022
I am in the same situation. I mailed all my information, the termination letter and the closure letter on August 04 and I still have not heard anything. That have not re-open my case yet. My EAD is expired and all.
Leon BeltranJan 10, 2022
I mailed my request to reopen with termination letter on December 16th, still haven’t heard anything.
Newark FO (NJ).
Shak MJan 10, 2022
k s, response time maybe different depending on FO, 485 application category. My is EB based 485 Miami FO.
k sJan 10, 2022
mine is marriage based from Charlotte NC. i sent the letters to NBC to the address on the closure notice on my i-485.
Waiting DudeJan 10, 2022
So I just got an email from my lawyer saying that the Judge has waived my appearance and that he will speak to my lawyer about the hearing and further steps. What does it mean? 🤔
Leon BeltranJan 12, 2022
Hey guys,
My case status just updated saying: “Case was reopened for reconsideration.” I sent my motion to reopen on December 15th directly to my USCIS FO (Newark NJ) not to the address shown behind the closure notice.
Will keep you posted.
Pieter AJan 12, 2022
Leon, we have the same field office and my timing was about the same. sent the motion to reopened around end of October and my case has been reopened since beginning December. will keep y’all posted. good luck
Leon BeltranJan 12, 2022
Thank you Pieter, let’s see if they’ll waiving the interview or not.
Pieter AJan 12, 2022
Yup God willing. fingers crossed
Shak MJan 18, 2022
Leon, any update? My case was reopened today.
Leon BeltranJan 18, 2022
Nope! My case was reopened a week ago, but my status says they sent me a notice explaining how my case will be process, and I have to follow the instructions in that notice. Haven’t got the notice yet, maybe today or tomorrow.
Will keep you posted
Waiting DudeJan 19, 2022
Anyone applied for Prosecutorial Discretion with OPLA? How long did it take you to get an approval 🤔 What evidence did you add.
Pieter AJan 19, 2022
A, i applied for PD with OPLA back in September 2021 and I was approved 1 month later. DHS agreed to dismiss the removal proceedings and joined my motion in a later to the court. from the time I sent the documents to the approval, it took approximately 1 month. I sent them copies of my marriage, Amy i130 approval notice and any other documents showing necessary to prove that I need my removal proceedings dismissed. All documents were prepared and sent by my lawyer. thank you
Waiting DudeJan 19, 2022
Thank you Pieter, I will be signing the PD today. I have affidavits and letters from work. You sharing helps with the anxiety. Did you get a letter from OPLA and did your lawyer file motion or it was DHS. Thanks once again.
Pieter AJan 19, 2022
A, i received the joint motion to terminate without prejudice from DHS which is basically from OPLA office. then my lawyer filed the monition with the court.
Leon BeltranJan 19, 2022
I just got my Reopening Notice from USCIS and it says:
“We will notify you in writing when we make a decision on your case or if we need anything from you.”
Meaning 100% probability there’s NO upcoming interview.
Sounds good.
Shak MJan 19, 2022
got new update stating 'case was reopened' & yesterday it was "case was reopened for reconsideration". Not sure what the difference is..
Waiting DudeJan 19, 2022
Thanks for sharing guys.
Leon BeltranJan 19, 2022
@Shak, It’s the same thing, just relax your case is reopened.
k kunalJan 20, 2022
Hi Guys. As I mentioned I got my info pass appointment it was yesterday. I have submitted my termination letter from Judge. to officer in person. Officer said wait 30 days for correspondence. Any thought please do share. Thnaks all
Pieter AJan 20, 2022
k Kunal, that’s great. I did the same thing but without an info pass. I was able to go to the field office and saw an officer who took my paperwork and made a copy which he stamped to show I came and hand them the papers. this is good, now we just gotta wait. Today my case tracker updated to “case was approved” but then went back to case had been reopened few minutes later. good luck to us all
k kunalJan 20, 2022
Thanks Pieter A
Josue MerinoJan 24, 2022
Same here, My attorney send the administrative closure letter and the judges decision on my case. Im in Houston TX hopefully this moves forward
Leon BeltranFeb 1, 2022
Hey guys,
Got got my interview notice from USCIS for end of March.
FO Newark NJ.
Shak MFeb 1, 2022
Leon, I thought your interview was done?
Leon BeltranFeb 1, 2022
I had an interview for I-130 then approved after. My I-485 was administratively closed, USCIS just reopened two weeks ago, but I thought they’ll make a decision without an interview, just surprised they sent me a notice.
Anyway… I’m positive.
Pieter AFeb 1, 2022
good luck Leon. when you are in removal and have a adjustment status interview, USCIS will do the i130 interview and administratively close the i485. now that the court terminated the removal, that mean they have jurisdiction over the adjustment now and have to schedule a i485 interview. fortunately for me, the officer did both my i130 and i485 interview at the same time last year even though I was still in removal. they still closed my adjustment administratively and he said he would be easy when the court terminate so they don’t have to schedule me for another interview. well good luck
Leon BeltranFeb 1, 2022
Thanks for sharing Pieter, good luck to us.
k sFeb 3, 2022
i received a response about my case from NBC after I sent in a service request about reopening my I-485. They advised that they will make a decision on my case within the next 90 days.
Talisa PFeb 4, 2022
Hi Guys,
I’m hoping someone can give me some insight. I filed an adjustment of status for GC. I had form I130 approved but then didn’t get heard anything back from UCIS. I checked my case status repeatedly and no updates. I haven’t receipt any updates for over a year. I’ve called UCIS and they just read back to me the status I see online. Today I called again to see if can get a hold of someone. I was informed my case was administratively closed. I never received any notice of this. I asked for details and she said she could not provide but could have a supervisor call me. She took my contact information and said someone will follow up. At this point I have no idea what to expect or do? Should I have received notice of closure? How do a I get a copy of it? I am not sure what to do at this point? This is so frustrating I feel like I’ve been in limbo for the past year and a half.
Leon BeltranFeb 5, 2022
Are you in removal proceedings with immigration court? If Not, hire an attorney to get involved.
Talisa PFeb 5, 2022
Not that I am aware of. I’ve never been noticed. I’ve also been paroled into the country on 3 separate occasions not once as it been an issue.
Sassy AFeb 10, 2022
Hi all,
My spouse case was administratively closed with USCIS due to me being in removal proceedings without us knowing. To make the story short, my green card finally got approved by the immigration judge 3 years later then I provided court order to USCIS who adjudicated my application and sent me my green card last year within a month of submitting court order. At my appointment at the USCIS local office I told the agent about my spouse case that was administratively closed and made a request to reopen it. She took my spouse documents as requested such as I-485 receipt and the National Benefits center letter transfer and stated we will hear from them within 30days.
Then later, our attorney sent a motion to reopen because he said a written one would be better. It’s been 9 painful months since both verbal and written request was made, there have been no updates on the case other than a name update that was done about 2 weeks after attorney’s motion to reopen was sent.
Lately, we had two different discussions with USCIS via the chat and we were told that they had not received anything nor any motion to reopen for the case since after it was administratively closed.
The attorney is convinced that there is nothing we can do otherwise to wait while we believe we can’t wait for ever when per the USCIS there has be no motion to reopen reception.
1-What do you guys think we should do? 2-What would be the normal process to have my spouse case reopened and processed?
3-Should we send another motion to reopen?
4-Where do you think we should send it if yes (Local office, National Benefit Center, Lee Summit office)
5-Do you guys think both cases should have been adjudicated at the merit hearing when the judge granted my green card?
6- Or should the attorney have asked DHS to reopen the case that day?
7-Do you think the attorney missed something?
We are desperate, spouse EAD renewal application is pending since June 2021. 180 day extension will end the last day of this month. Expedited processing request denied. Our service center processing time is about 13.5months for EAD pending i485 c9. Which mean spouse might be out of work for at least 6months or so, will loose job. Severe financial hardship is seen now in a near future.
Thanks in advance for any insights.
FC1985 USAFeb 14, 2022
Hi Pieter A. Can you tell me how long you had a response after you sent the letter to USCIS?
Pieter AFeb 14, 2022
about a month later they reopened my case
k sFeb 14, 2022
after a long wait they finally re-open my case. i recommend sending your request to re-open your case to your local field office if you want your case to be re-open faster. NBC will take forever before re-opening your case.
Sassy AFeb 14, 2022
@K s Maybe that is what’s happening with my spouse’s case. I’m glad they opened it. Now you can at least wait for adjudication.
It’s been about 9 months since we are waiting to have that case re-open. How long did it take them to re-open yours? I’m wondering if we can resend it to the local office now?
k sFeb 14, 2022
siince 08/06/2021 I sent to request to NBC. nothing. i talked to a tier 2 officer on the phone on 01/14 and she said my request should have been since to my FO. she transferred all the information to them. on 02/01 my FO advised that they will review and make a decision on re-opening my case and today they reopen my case.
k sFeb 14, 2022
i will recommend send the request to t your FO. the next days after speak to the tier 2 officer, I went ahead resend the same information that was sent to NBC to my FO.
FC1985 USAFeb 14, 2022
Thank you Pieter.
The USCIS administrative closing letter is very clear and gives the exact address of the field office for sending.
my lawyer sent it last week with all the necessary documents.
This forum helped me a lot.
Thanks.
Sassy AFeb 14, 2022
@K s, thanks a lot for your advice. Ours was sent at the end of May last year. Service requests did not help, they haven't responded to any of the ones submitted. Attorney refused to resend the motion to reopen and wants to talk to tier 2 first. We just sent our own to our local field office, then right after that we received a text that Tier 2 will call in 1-2 business days. Hopefully, we hear from FO soon. Did you see your status changed or did you receive a mail from FO for both reception/review and reopening?
k sFeb 14, 2022
my attorney also refused to send a letter to follow last year. instead he sent in a service request on 11/05. which they never replied. i had to keep calling every month until an agent offered to have a tier 2 agent call me back. the next days the tier 2 called. my status has not changed yet. I received the email today from my FO stating that they reviewed and approved my request to reopen my case around 11am.
Josue MerinoFeb 14, 2022
a moth ago my lawyer sent out the letter with the judge decision and I just got a notification from USCIS saying that the case has been reopen for consideration
Sassy AFeb 14, 2022
@K S that’s good. Let’s hope you get through asap. I wish my attorney was cooperating with us. He refused to do pretty much everything, each trimester we check with him all we get is to wait until we got fed up with him. So we did a couple of service requests on our own, with no responses. We sent the new request to reopen as you recommended. They will probably mail us, we didn’t add our email in the letter. Let’s see what happens. Thank for sharing your experience with us.
Josue MerinoFeb 14, 2022
you have to change lawyer. I have changed 3 lawyers already. where are you located? what state?
Sassy AFeb 15, 2022
@Josue congrats on having your case reopened. I hope they work on it fast. Well, that’s the advice everyone is giving us. We are in Texas. We are looking around. Since our case is pretty simple per the attorney, and we are not expected nor asked for anything tricky, we’re looking and see how is it going. I hope they don’t require anything from my employer. We’ll see what happens. Thank you.
Josue MerinoFeb 15, 2022
@ Sassy J Thank you! im in Texas too. If you are close the Houston area my attorney Jennifer Correro is pretty good and explains everything in detail
Sassy AFeb 15, 2022
@Josue, yes I’m nearby. Can you please share her contact? Where did she send your motion to reopen? Houston or San Antonio?
Josue MerinoFeb 15, 2022
Houston FO off course i can give you her contact
2909 Hillcroft Ave #560, Houston, TX 77057
(832) 514-4879
Josue MerinoFeb 15, 2022
her name is Jeniffer Correro
Sassy AFeb 15, 2022
@Josue thanks a lot.
k sFeb 18, 2022
my status changed today to show that my case was reopened. it says that a notice was sent and I should follow the instructions on it.
FC1985 USAFeb 22, 2022
The answer we still don't have is : How long after reopening the case is the USCIS calling for a new interview or adjudicating the case? I know it depends on a case by case basis and different offices. But I wanted to have an average.
Leon BeltranFeb 23, 2022
Hi
They reopened my case and a week after I got the interview notice by mail. USCIS is notifying interview at least 60 days ahead, so people should have enough time to be fully vaccinated (if they wasn’t yet). My interview is next month.
Josue MerinoFeb 23, 2022
@LeonBeltran did the status in the website changed from reopened after you got tge interview notice?
Sassy AFeb 23, 2022
@FC1985 C: One agent officer told us 10 to 13 months from the day it is reopened. I’m not sure what she meant since a previous agent had told us to follow the local FO processing times which is 10 to 18 months as of now.
Josue MerinoFeb 23, 2022
@SassyJ where is your FO?
Sassy AFeb 23, 2022
@K s: It took a lil long for the status to change. I'm glad it’s openned. Have you received the notice yet? It's been 9 days since we sent request to FO and got a text that tier 2 will call in 2 business day, we haven't heard from either the FO nor tier 2 officer.
