AOS is still pending while removal proceedings was initiate

[vmdr]

Hey,

i have a pending application for AOS based on family relative, we filed the I130, I484 along with I765 and I131 on November 1 2014 and received a receipt clarifying that my application was received and will be processed, while it is still pending on November 30th i received a notice to appear which as i understand initiate the removal proceedings on this notice it said :Time to be set", since then my lawyer is constantly checking with the immigration court and until now the proceeding wasn't filed with the court and i still did not get a hearing date.
in the meanwhile my working authorization and advance parole got approved (last Tuesday) which in removal proceedings as i understand should not have been approved and both of my I130 and I485 are still pending.

my questions are:
1) can i be put in removal proceedings while my I485 is pending and no decision was made on it?
2) who adjudicate the I485 as is was filed with USCIS prior to the removal initiation (there is a conflict since it is suppose to be processed by the court but it is pending with USCIS from before)?
3) technically how long does it take before i need to appear? its been 6 weeks since the notice and still nothing was filed with the court, isn't is weird?
4)how did my advance parole got approved while i am in removal?
4) considering all this - am i in removal proceedings at all?

my lawyer doesn't give me answers and i am completely in the dark here.

i would very much appreciate you help in this matter...

thanks

[rayb]

Based on a single experience I had with an almost identical situation, here is what I would expect you to find:

1. You may be notified of a denial of your Adjustment processing, since both procedures cannot be active at the same time. Your fees will be lost. This could happen at an Adjustment interview, if not before.
2. At your Removal hearing, the judge may discontinue the Removal processing with the order that you begin the Adjustment procedure over.

If your lawyer was aware of a possible Removal pending, he was probably in error initiating an Adjustment procedure (and collecting a fee for same), thus trying to run two conflicting procedures in parallel. I would like to think it was simply an error on his part, and that he should try to compensate somewhat for his error.

Your Removal hearing may be set for quite a distance in the future, 6-18 months, because of crowded dockets.

--Ray B

Hey,

i have a pending application for AOS based on family relative, we filed the I130, I484 along with I765 and I131 on November 1 2014 and received a receipt clarifying that my application was received and will be processed, while it is still pending on November 30th i received a notice to appear which as i understand initiate the removal proceedings on this notice it said :Time to be set", since then my lawyer is constantly checking with the immigration court and until now the proceeding wasn't filed with the court and i still did not get a hearing date.
in the meanwhile my working authorization and advance parole got approved (last Tuesday) which in removal proceedings as i understand should not have been approved and both of my I130 and I485 are still pending.

my questions are:
1) can i be put in removal proceedings while my I485 is pending and no decision was made on it?
2) who adjudicate the I485 as is was filed with USCIS prior to the removal initiation (there is a conflict since it is suppose to be processed by the court but it is pending with USCIS from before)?
3) technically how long does it take before i need to appear? its been 6 weeks since the notice and still nothing was filed with the court, isn't is weird?
4)how did my advance parole got approved while i am in removal?
4) considering all this - am i in removal proceedings at all?

my lawyer doesn't give me answers and i am completely in the dark here.

i would very much appreciate you help in this matter...

thanks

[vmdr]

thanks for your respond,

what about the I130, will it be processed normally by USCIS?

can they just deny my adjustment although i filed it before the initiate the removal?

[rayb]

The I-130 should be okay (it was with what I was doing).

The Adjustment can be denied and must be restarted after the Removal hearing (at least in my experience).

Why can't your attorney provide at least an opinion about how this can proceed?

Years ago, it seemed that all decent immigration attorneys had prior experience working for INS (now USCIS). These days, it seems that most of them get their experience in law school, working for nonprofits, or clerking with more experienced attorneys.

AILA membership and a Bar Card (professional association) doesn't guarantee an informed or ethical immigration attorney.

-Ray B

thanks for your respond,

what about the I130, will it be processed normally by USCIS?

can they just deny my adjustment although i filed it before the initiate the removal?