Approved I-130 since 1 year termination of proceedings

[KamalK1234]

Hi,

 

I have an approved I-130 since more than 1 year from my marriage with US citizen spouse.

My Master hearing date is set in Dec 2019.

I was detained in 2014 for 2 months and am out on bond and under removal proceedings.

I am in Houston court system.

I have no criminal record and barring the proceedings I would be eligible to adjust status within US, if jurisdictions moves from court back to USCIS. I understand currently USCIS does not have jurisdiction over my case, so i cannot file for an EAD and 485 to Adjust status (AOS).

 

My lawyer keeps giving me a run around that they (DHS) have not responded to a certified letter requesting termination of proceedings and do not answer calls and emails etc.

 

I have few questions:

1. Is it true that government/DHS may not be replying (I do know courts are heavily backlogged).

2. Would it be prudent to ask my lawyer to submit a completed 485 with a request for termination to DHS? Will that help?

3. If the above does not help and DHS does not respond, can I and should I file directly with court/judge request to terminate along with copy of 485? Is it a good idea? Has it worked for anyone? Especially in Houston / Texas?

4. My lawyer says I am not currently eligible for an EAD as I cannot file with USCIS. Another lawyer said, he can get me an EAD in about 1 month as soon as we file 485 with lockbox? Is that correct? Who should I believe (its so confusing)?

5. If I end up waiting till 2019, will my case be terminated in 2019 itself, or will I be assigned another date which will again be few years?

 

Please your valuable advise will really help. I am frustrated with the current situation and my lawyer doesn't seem to be very active, your answers may help me understand if I need to change lawyer and also what I am eligible or ineligible for.

 

Thank you in advance.

[pontevecchio]

Why were you detained?

[GNH]

Why are you in jail ?

[KamalK1234]

I was detained at airport while receiving my dad who had come to visit me as they asked who I am staying with.

There was no criminal offense or any other reason for my detention. Mine is overstay only and legal entry to US.

I would appreciate if senior members could respond to my questions.

 

Thank you again in advance.

[pontevecchio]

On What basis did you enter the country? When did that I94 expire? I would STRONGLY urge you to get the best Lawyer possible involved. You may like to get a second opinion from the firm of Murthy. Lawyer shopping is hazardous to your health. You still do not give a proper storyline in terms of what happened to you.

[KamalK1234]

I am not in jail. I was in detention for 2 weeks, I was released on bond. Rest of the details are there in my earlier email.

Can seniors please advice on my questions/concerns, your guidance is highly appreciated and will be very helpful and I'll be grateful.

Thank you.

[pontevecchio]

Why were you detained? Unless you are specific nobody here can even hazard a guess.

[KamalK1234]

I was detained after being apprehended at airport while my dad was visiting and they asked him who I will be staying with.

I have been out of status since 2009. I-94 expired 2011, visa revoked in 2009 by employer after lay off, transfer failed and f-1 failed because of h1 denied and revoke by employer. All of this in 2009.

My entry to USA was legal documented entry on H-1B.

It is simply a visa overstay, there is no other criminal activity.

Hopefully now you may be able to answer some of my questions.

Thanks in advance.

[pontevecchio]

In view of unlawful status from 2011, you NEED a lawyer involved. Usually and generally marriage to an USC results in forgiveness. But you need a lawyer you can understand and who understands you. Maybe the Murthy firm?