Legal Question in Immigration Law in Delaware

In 2005, my wife filed an I-130 petition on my behalf and I subsequently filed an I-485 petition in Texas to adjustment my status. My I-130 was approved, but the I-485 was administratively closed because I was in removal proceeding.

In November 2010, I filed my I-485 before the Immigration Judge in Philadelphia, PA and a Merits Hearings was scheduled for February 2012. I was given a notice by Immigration and Customs Enforcement (ICE) to report to the Office of the Chief Counsel to obtain a referral letter in order that my biometrics may be taken at no charge to me.
My Employment Authorization Document (EAD) is expected to expire in February 2011. Am I eligible to apply for the renewal of my EAD given that my I-485 was re-filed in court? What documents do I need to produce since I was not given a receipt notice by the Immigration Judge? Can I use receipt notice given to me in 2005 when I initially filed my I-130 and I-485 at the USCIS Dallas Office? I am confused and need your assistance.

Asked on 12/16/10, 5:05 am

2 Answers from Attorneys

Dianne Brooks The Mandel Law Firm

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Since you are in removal proceedings DHS has no authority to give you an EAD. I sincerely hope that you have an immigration attorney assisting you in this process who can advise you exactly how to proceed and how to prepare for your merits hearing which will be like a trial.

Answered on 12/21/10, 7:21 am

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