@L M Your lawyer is right. You can’t adjust until the BIA re-opens your case, because it is administratively closed due to your withholding of removal (which is just a deportation order, pending execution). The BIA will end up remanding to the Immigration Court for fact finding and credibility determination based on the new turn of event in your life (marriage to a US citizen). Your deportation officer/ICE will scrutinize you very carefully to make sure that you did not just marry to circumvent deportation. So the burden of proof is on you to convince the government that you didn’t just marry to obtain an immigration benefit. Start collecting as many documents as you can to prove your marriage. Also make sure all of your joint documents are ready to be filed and supplemented with the Immigration Court as soon as they remand the case for an entry of a new decision. You will wind up getting your green card if you play your cards right. But it will probably take at least 2 more years to complete. On the last note, ICE is not required to join a motion unless they agree with your filing. They can actually oppose it, claiming you committed fraud by marrying a US citizen. The immigration judge will hear your marriage case in Court. Your wife will have to be present with you to convince the judge that your marriage is real by a preponderance of the evidence and not solely entered into for the purpose of obtaining an immigration benefit, rather for love. If the Judge is super busy he can grant you the permission to file your adjustment with USCIS. Without his/her ruling on the validity of your marriage, the Court can sua sponte approve your marriage in Court rather than passing jurisdiction to USCIS. Your petition will take forever if they allow you to adjust with USCIS.

lawyer should file motion to reopen sua sponte. my motion reopening took about 7 month at Bia.

@kai naz Was your motion to reopen with BIA a joint one or just motion to reopen?

@L M no just motion reopen sua sponte at BIA. Bia judges have a power to reopen sua sponte even if failed to file reopening on time like after many years.

I found out today my motion to reopen at BIA was denied. Can my lawyer file again a joint motion to reopen this time?

L M what is your lawyer's next step? When did they approve the 130?

@L M I was in same situation . My lawyer sent a joint motion , and it got approved in like a month, and I was able to get my green card with USCIS . They almost never deny joint motions so you might as well do that instead . If your lawyer is tripping, then find another that will do it for you .

@free life was it 2months with bia? you said 2min don’t understand

@L M what was the reason for the bia denial?

@eze Eze The reason given by BIA was that the motion to reopen was untimely.

@ Jimmy St My i-130 was approved 2 years ago. I am still waiting for my lawyer to figure out the next step.

@David R Thank you. I might have to do just that, find a new lawyer. This one is not moving at all.

@kai naz Unfortunately, BIA refused to reopen my proceedings under sua ponte.

@kai naz where was your BIA motion processed, mine is currently at Virginia. my lawyer also filled the motion sua sponte due to the JMTR taking too long.

@eze Eze it was in Virginia like all other reopening at Bia.

@L M Im on the same boat… did you file with the judge ? what is the status?

@b bb After the BIA denial, my lawyer hasn’t done anything yet. Still waiting for him to tell me the next step.

@kai naz it took 7 months to get terminated at BIA or to get recalendared/remanded to immigration judge/court? my lawyer just sent my motion to recalendar and terminate with BIA last week (no joint)

@Evelyn Law it is terminated at BIA. I already got my GC.

@kai naz congrats!!! amazing :) you’re giving me hope! I don’t know many (or any) who got terminated at BIA without a joint yet so far

any update @L M ?

@kai naz sorry one more question, did you have an approved I-130 when you did the motion to BIA? my I-130 is still pending

@E L approved i-730

@ E L Unfortunately, DHS did not agree to join in a motion to reopen, so I am stuck. My lawyer is thinking if there is any other option at this point.