I-130 Approved but Judge won't grant motion to terminate (no record of any kind)

[jkl3003]

I came to USA on F1 student visa. I graduated and started working in my field. I met my wife at work and we got married December 2016. During that time my OPT extension was denied while I was still waiting to hear from USCIS for that. We didn't file for Adjustment of Status. One day ICE showed up at my home and took me to Detention Center. After 21 days I was bonded out. After few months we finished filling I-130, I-485 and the entire packet with application fees. After about 172 days i received my work permit. Then we were called for interview where our I-130 was approved. We took approved to apply for Motion to Terminate right before a Master Calendar Hearing. During the hearing the Judge said if the ICE lawyer does not oppose Motion to Terminate only then he will Terminate. ICE lawyer refused to accept Motion to Terminate. I am clue less as to what to do next.

Excerpts from Denial of Motion to Terminate
"The respondent has not provided a legal basis under which court is able to terminate proceedings."

"After commencement of removal proceedings, the Department may, in its discretion, move to dismiss proceedings without any prejudices for reasons enumerated under 8 C.F.R 239.2 (a).... However, the Department will not exercise that discretion in this case."


My lawyer was very positive that it will be Terminated and we will be able to adjust the status with USCIS. She is asking for even more money for the rest of the proceedings. I don't know where this is going! After, being without work permit for so long financially I can't afford to pay anymore now.

Once again, I have absolutely no record of any kind. I don't even have a speeding ticket.

My question is (any other suggestion based on the situation will be greatly appreciated as well)

If they normally Terminate in this situations whey are they not doing so? Is it the new normal??

What is next??

Are they moving to deportation? I can't even imagine being separated from my wife. Please help!

[Pro9]

Is this the denial response you received

Excerpts from Denial of Motion to Terminate
"The respondent has not provided a legal basis under which court is able to terminate proceedings."

- - - Updated - - -

And what happened did they give you another court hearing if yes when

[HondurasNative]

I had a Removal Order and before you submit your motion to reopen/terminate you must get immigration lawyers to agree with your case. If I were you I would talk to a second lawyer and get a second opinion. I had my case terminated (thank god) but It was not easy. I didn't send both of the applications. I did send the i130 first then went ahead to submit application to motion to terminate removal order and got lawyers to agree. Then, we went ahead and submitted i485

I came to USA on F1 student visa. I graduated and started working in my field. I met my wife at work and we got married December 2016. During that time my OPT extension was denied while I was still waiting to hear from USCIS for that. We didn't file for Adjustment of Status. One day ICE showed up at my home and took me to Detention Center. After 21 days I was bonded out. After few months we finished filling I-130, I-485 and the entire packet with application fees. After about 172 days i received my work permit. Then we were called for interview where our I-130 was approved. We took approved to apply for Motion to Terminate right before a Master Calendar Hearing. During the hearing the Judge said if the ICE lawyer does not oppose Motion to Terminate only then he will Terminate. ICE lawyer refused to accept Motion to Terminate. I am clue less as to what to do next.

Excerpts from Denial of Motion to Terminate
"The respondent has not provided a legal basis under which court is able to terminate proceedings."

"After commencement of removal proceedings, the Department may, in its discretion, move to dismiss proceedings without any prejudices for reasons enumerated under 8 C.F.R 239.2 (a).... However, the Department will not exercise that discretion in this case."


My lawyer was very positive that it will be Terminated and we will be able to adjust the status with USCIS. She is asking for even more money for the rest of the proceedings. I don't know where this is going! After, being without work permit for so long financially I can't afford to pay anymore now.

Once again, I have absolutely no record of any kind. I don't even have a speeding ticket.

My question is (any other suggestion based on the situation will be greatly appreciated as well)

If they normally Terminate in this situations whey are they not doing so? Is it the new normal??

What is next??

Are they moving to deportation? I can't even imagine being separated from my wife. Please help!

[newacct]

I came to USA on F1 student visa. I graduated and started working in my field. I met my wife at work and we got married December 2016. During that time my OPT extension was denied while I was still waiting to hear from USCIS for that. We didn't file for Adjustment of Status. One day ICE showed up at my home and took me to Detention Center. After 21 days I was bonded out. After few months we finished filling I-130, I-485 and the entire packet with application fees. After about 172 days i received my work permit. Then we were called for interview where our I-130 was approved. We took approved to apply for Motion to Terminate right before a Master Calendar Hearing. During the hearing the Judge said if the ICE lawyer does not oppose Motion to Terminate only then he will Terminate. ICE lawyer refused to accept Motion to Terminate. I am clue less as to what to do next.

Excerpts from Denial of Motion to Terminate
"The respondent has not provided a legal basis under which court is able to terminate proceedings."

"After commencement of removal proceedings, the Department may, in its discretion, move to dismiss proceedings without any prejudices for reasons enumerated under 8 C.F.R 239.2 (a).... However, the Department will not exercise that discretion in this case."


My lawyer was very positive that it will be Terminated and we will be able to adjust the status with USCIS. She is asking for even more money for the rest of the proceedings. I don't know where this is going! After, being without work permit for so long financially I can't afford to pay anymore now.

Once again, I have absolutely no record of any kind. I don't even have a speeding ticket.

My question is (any other suggestion based on the situation will be greatly appreciated as well)

If they normally Terminate in this situations whey are they not doing so? Is it the new normal??

What is next??

Are they moving to deportation? I can't even imagine being separated from my wife. Please help!

I don't think you should have filed I-485 after you were already in removal proceedings, since jurisdiction for I-485 at that time was with the immigration judge and not USCIS.

Anyway, can't you just file I-485 with the immigration judge now?

[inadmissible]

If they normally Terminate in this situations whey are they not doing so? Is it the new normal??

This is the new normal. Request AOS as relief from removal. Be prepared to file a hardship waiver if that discretionary relief is denied and you get removed

[eer]

update

any update on your case ?

[MyWenzoboy]

Yes, Any update? We’re you able to terminate
thanks