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Hi everyone, this is my first time posting here, but I have learned a lot of info from these forums, so decided to share my experience and ask questions.
I am in removal proceedings at the moment because of my ex-husband application for asylum was denied in 2010 and I was listed as a dependent on this application, so we both received NOA, had master hearing in September 2010 and was given individual hearing date for March 2014. We then divorced in 2011 and I married my current husband, who filed I-130 on my behalf and I-485 concurrently. We attended interview on April 18 and I-130 was approved, but our officer said that he will have to deny my I-485, because I am in removal proceedings and he doesn't have jurisdiction to adjudicate my application. That was not much of a shock for me because I kind of knew it was going happen. Today I received Notice of Decision saying that, I quote "USCIS administratively closed your Application to Register Permanent Residence or Adjust Status in that the EOIR (Immigration Judge) has jurisdiction over your case. Any future requests to USCIS regarding your Form I-485 must be accompanied by a copy of an Immigration Judge's order terminating your removal proceedings."
My question is, does anyone know how to actually make a motion to an Immigration Judge to terminate removal proceedings, based on approved I-130. Is there a special form for that and what else do I have to include to a package? All responds are highly appreciated, although I would like to ask not to recommend me to hire a lawyer please. The whole point of me asking for help at this forum is to avoid lawyers and do it myself. And I know that my case is not that rare, so if there is anyone who has been in the similar situation or just know how to do it, please help, even if it is any helpful link that I can use.
Thank everybody in advance.
I am in removal proceedings at the moment because of my ex-husband application for asylum was denied in 2010 and I was listed as a dependent on this application, so we both received NOA, had master hearing in September 2010 and was given individual hearing date for March 2014. We then divorced in 2011 and I married my current husband, who filed I-130 on my behalf and I-485 concurrently. We attended interview on April 18 and I-130 was approved, but our officer said that he will have to deny my I-485, because I am in removal proceedings and he doesn't have jurisdiction to adjudicate my application. That was not much of a shock for me because I kind of knew it was going happen. Today I received Notice of Decision saying that, I quote "USCIS administratively closed your Application to Register Permanent Residence or Adjust Status in that the EOIR (Immigration Judge) has jurisdiction over your case. Any future requests to USCIS regarding your Form I-485 must be accompanied by a copy of an Immigration Judge's order terminating your removal proceedings."
My question is, does anyone know how to actually make a motion to an Immigration Judge to terminate removal proceedings, based on approved I-130. Is there a special form for that and what else do I have to include to a package? All responds are highly appreciated, although I would like to ask not to recommend me to hire a lawyer please. The whole point of me asking for help at this forum is to avoid lawyers and do it myself. And I know that my case is not that rare, so if there is anyone who has been in the similar situation or just know how to do it, please help, even if it is any helpful link that I can use.
Thank everybody in advance.
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