Legal Question in Immigration Law in Texas

I applied for asylum in 2001 and the Immigration Judge on 19th August 2002 ordered that the case be considered administratively closed and no longer pending before the Immigration Judge upon joint request by both parties.

On 11th October 2005, my wife filed an I-130 and I concomitantly filed an I-485. To date, my I-485 has not been adjudicated. On 22nd May 2009, I received a letter from USCIS Irving, Texas stating �Service records indicate that you are under removal proceedings. Since the District Director has no jurisdiction over your application for permanent residence, all action on your Application to Register Permanent Residence or Adjust Status is terminated and the application is administratively closed�.

Given the predicament, what is the process of getting my I-485 adjudicated?


Asked on 8/13/09, 7:49 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

1. Hire a local immigration lawyer to reopen proceedings.

2. Have removal proceedings terminated IF your I-130 is approved. Was your I-130 approved or is it still pending?

3. Do not do/file anything without assistance of an immigration attorney.

From your post, it sounds that you did not follow the correct procedure of applying for adjustment of statu because you are still considered to be in removal proceedings.

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Answered on 8/13/09, 7:54 pm
Larry L. Doan Law Office of Larry L. Doan

One suggestion is you can hire an attorney to go made an inquiry with the local USCIS office in Irving if the I-485 is there and show them the administrative closure order. They probably did not get the order yet from the Trial Attorney, Office of the District Counsel/DHS. The attorney could also discuss the matter with the Trial Attorney to get them to forward your file to USCIS. The government just needs to communicate better, and sometimes, needs a kick in the you-know-what, to get them going.

Larry L. Doan

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

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Answered on 8/13/09, 7:58 pm


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