poto mac
Nov 20, 2023
i485 administratively closed .
thi is abstracted from judges order……
received on may 2022 ….
“
Date: May 13, 2022 ORDER OF THE IMMIGRATION JUDGE
It is hereby ordered that the case be administratively closed for the following reason:
[ ] Joint request by both parties.
[ ]The court has received information documenting that the respondent/applicant is
currently detained/incarcerated and unable to appear for proceedings.
[ ✔️]Other:
Respondent has a pending I-130 Petition filed by USC Spouse
This case remains under the jurisdiction and docket control ofthe court. If either party in this case desires further action on this matter, at any time hereafter, a written motion to recalendar the
case (including a certificate of service on the opposing party) must be filed with the court having administrative control over the Record of Proceeding in this case.”
on June 2023 my lawyer filled i-1485 along with the judge”s order letter .Today 11/20/2023 my i485 is administratively closed this is what the letter says …..
as received on November 2023………
“
On June 22, 2023, you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS) under section 245 of the Immigration and Nationality Act (INA), based on being the principal beneficiary of a family-based immigrant petition. After a thorough review of your application, and the record of evidence, we must inform you that we are administratively closing your application. To qualify for adjustment under INA 245, an applicant must:
▪️Be inspected and admitted or inspected and paroled into the United States;
▪️Be eligible to receive an immigrant visa;
▪️ Be admissible to the United States for permanent residence; and
▪️Have an immigrant visa immediately available at the time the application is filed.
You must demonstrate that you are eligible to adjust status to a lawful permanent resident (LPR). See Title 8, Code of Federal Regulations (8 CFR), section 245.1.
Statement of Facts and Analysis, Including Reason(s) for Denial
——————————————————————-
USCIS reviewed your case file and determined that you are currently in proceedings before an Immigration Judge, as the most recent action by the Immigration Judge was to administratively close proceedings on April 16, 2021. It does not appear that the removal proceedings against you have been terminated. See 8 CFR 245.1(c)(8)(ii). USCIS also determined that you are not an "arriving alien."
Since you are a respondent in a removal proceeding, and you are not an “arriving alien,” only EOIR has jurisdiction to grant or deny your Form I-485 based on the merits. Because USCIS does not have jurisdiction, your Form I-485 is administratively closed; however, this does not prevent you from seeking adjustment before EOIR. See 8 CFR 245.2(a)(1) and 1245.2(a)(1). U.S. Department of Homeland Security U.S. Citizenship and Immigration Services 5880 NW 183rd Street Hialeah, FL 33015 Ioexxxxxxx Axyz-xyz -xyz (COURTESY COPY) 1 of 2 www.uscis.gov If the removal proceedings are terminated without a ruling by EOIR on your adjustment application, you may submit to this office a copy of the termination order and a written request for USCIS to reopen your Form I-485. USCIS has jurisdiction to adjudicate an application for adjustment of status only if the Immigration Judge does not have jurisdiction. See Title 8, Code of Federal Regulations (8 CFR), sections 245.2(a) and 1245.2(a). In general, except if the applicant is an “arriving alien,” the Immigration Judge has jurisdiction to grant or deny a Form I-485 if the adjustment applicant is in a section 240 removal proceeding before the U.S. Department of Justice, Executive Office for Immigration Review (EOIR). You may not appeal this decision. This action does not prohibit you from filing for immigration benefits again in the future. Sincerely,
“
need your input please …
IR-1/CR-1
U.S. citizen filing for a spouse
Total Days: 1174 days
Case
2021-01-13
2024-04-01
I-130
1049 Days
I-131
167 Days
I-765
174 Days
I-485
284 Days
Potomac Service Center: I-130
National Benefits Center: I-131, I-765, I-485
Timeline Map
2021-01-13
I-130
Submission to USCIS
2023-06-22
I-485
I-765
I-131
D+890
Submission to USCIS
2023-06-30
I-485
D+898
Biometrics, i.e. fingerprint and photo
2023-11-21
I-130
D+1042
Request for Evidence(RFE) from USCIS
2023-11-28
I-130
D+1049
Decision (Approval or Denial)
2023-12-06
I-131
D+1057
Decision (Approval or Denial)
2023-12-13
I-765
D+1064
Decision (Approval or Denial)
2024-03-01
I-485
D+1143
Request for Evidence(RFE) from USCIS
2024-03-05
I-485
D+1147
Response to RFE
2024-04-01
I-485
D+1174
Decision (Approval or Denial)
This timeline was created with the Lawfully App. Download the Lawfully App now.
ADVERTISEMENT
Ice CreamNov 21, 2023
the fact that you are in removal proceedings, although currently administratively closed, explains why your I-130 case is taking so long. uscis tends to put such cases on a shelf and not look at them unless you make them.
so apply pressure to get I-130 approved, reopen and terminate removal proceedings, reopen and ask for adjudication of I-485.
poto macNov 21, 2023
@Ice Cream thanks
for more than a year I was believing that my removal proceeding ended .
bcz my lawyer paved out the game plan .first ,file for 130 then show that to the court to get the dismissal .As soon as we got the dismissal (administrative closure ) we were so happy and we went to file for
i765,i131 andi485
now I’m so disappointed
I don’t know what to to .Basically the I have wasted my 3 years .Now I had to start over again
I’m so broke now I can’t even pay my rent 🙁
Jacko ENov 21, 2023
I understand how you feel. Two conditions are at stake the fact that you were not paroled into the country makes Uscis not to have power over your adjudication of the I 485 form, that’s why they ask you to contact EOIR. They are the one who have power over such situations. Secondly I don’t think it’s best for you to go out of the country and come back on visa. This might take forever. So my advice is calm yourself down and work with a professional lawyer. Your case can be reopened back in court and then the judge will be the one to adjudicate your marriage based petition through EOIR because they have a final say in situations like this. Just take heart and start all over.
Ice CreamNov 21, 2023
administrative closure is NOT a dismissal, it is a temporary pause. It applies both to removal proceedings and I-485. Your lawyer should have explained this to you. You see how the judge's order says "this case remains under the jurisdiction and docket control of the court". Until removal proceedings are dismissed, uscis has no jurisdiction to adjudicate I-485.
You have 2 options for GC, either through uscis or through court.
it is very important to get I-130 approval. Work on that. You are not starting over. You continue with this process, it is bumpy, it takes time but you will make progress.
You can also get work authorization even with I-485 administratively closed.
poto macNov 21, 2023
@Ice Cream thanks for your valuable feedback I appreciate that
poto macNov 21, 2023
@Jacques E thanks for your advice too
Ola shoNov 21, 2023
@Ice Cream please I also am in removal proceeding and have notice to appear next year although after my denial I refilled my application and got i130 approved and got an EAD that’s valid for 2yrs my i485 has been on biometrics have been applied for almost 2years now I have hi blood pressure issues and anxiety now thanks to USCIS Please what do I do any advice will be well appreciated
Khadar DNov 21, 2023
You lawyer should contact the ice lawyer in your jurisdiction and them to joint motion to reopen your removal proceedings and terminate. A judge will typically not oppose such a motion and will terminate your case.
Adjustment of status through the court take years because there's a numerical limit as to how many people can adjust each year. The Jmtr is your best bet.
Ice CreamNov 22, 2023
@Ola sho the process looks the same for everyone:
get I-130 approval,
terminate removal proceedings based on i-130 approval (case has to be "dismissed without prejudice"); if a court case is currently administratively closed, file a motion to reopen and terminate; if a court case is active (you have hearing scheduled), then you can either do a joint motion to terminate if ice lawyer agrees, or you can file a motion to terminate and judge will terminate.
then finally adjudicate i-485 (through uscis or court).
while in removal proceedings, you must have a lawyer to represent you in front of the IJ. do you have a hearing scheduled? you don't need to wait for the hearing to file any motions, you can do it any time. My I-485 was administratively closed and stuck on biometrics for 4 years.
Ice CreamNov 22, 2023
also some people were able to terminate removal proceedings while I-130 was still pending. so that's something you can try and see if you are lucky.
Ola shoNov 22, 2023
@Ice Cream I appreciate your insight I already have I-130 and employment card my master hearing is next year sept and says to wait but I don’t want to be stuck i can imagine what u went through for 4years
um chNov 27, 2023
@poto mac please go to this URL i am pasting. enter in your alien number and see what exactly your case decision was that the judge made.
um chNov 27, 2023
um chNov 27, 2023
@poto mac also. sorry that this is messed up but on what grounds did your lawyer think you can terminate removal proceedings if your I130 was still pending!
