Can USCIS cancel removal proceedings?

[proceedings]

Please can anyone help?

I have been in removal proceedings for almost 10 years. About a year ago I got married. Both I130 and I485 were filed. After my interview at a USCIS center, both I130 and I485 were approved, and I have received the green card in the mail. Can USCIS cancel removal proceedings? Or should I still go to court to cancel the removal proceedings?

[newacct]

Please can anyone help?

I have been in removal proceedings for almost 10 years. About a year ago I got married. Both I130 and I485 were filed. After my interview at a USCIS center, both I130 and I485 were approved, and I have received the green card in the mail. Can USCIS cancel removal proceedings? Or should I still go to court to cancel the removal proceedings?

Hmm that's weird. USCIS doesn't have jurisdiction over I-485 if you are in removal proceedings, unless you were placed in removal proceedings on arrival. Did you disclose that you were in removal proceedings on both your I-130 and I-485?

[longee94]

I suspect this is probably a question for an immigration attorney. Being placed in removal proceedings is, as I am sure your aware, a very serious immigration matter that if handled incorrectly could result in a long term ban from the U.S.

[proceedings]

Hmm that's weird. USCIS doesn't have jurisdiction over I-485 if you are in removal proceedings, unless you were placed in removal proceedings on arrival. Did you disclose that you were in removal proceedings on both your I-130 and I-485?

During the interview at the USCIS center, I was told the I130 application was not yet approved because I was in removal proceedings. Then my spouse filled out a "Request for exemption" form, and additional documents to prove that was a bona fide marriage were sent to the USCIS center. After about a week, both the approved I130 and I485 with the green card were mailed to me.

[newacct]

During the interview at the USCIS center, I was told the I130 application was not yet approved because I was in removal proceedings. Then my spouse filled out a "Request for exemption" form, and additional documents to prove that was a bona fide marriage were sent to the USCIS center. After about a week, both the approved I130 and I485 with the green card were mailed to me.

The I-130 can be approved by USCIS when you are in removal proceedings (I-130 is just about the genuineness of the relationship, not your immigration status). In the case of an I-130 based on a marriage that happened while you were in removal proceedings, the petitioner needs to prove by a higher standard of evidence, "clear and convincing evidence", that the marriage was bona fide; that's what I am guessing the exemption was about.

However, that is separate from the fact that the jurisdiction for I-485 lies with the immigration judge in immigration court, not USCIS, when the person is in removal proceedings, unless the person was put into removal proceedings as an "arriving alien". Normally, when you are in removal proceedings, you would have to wait until USCIS approves the I-130, and then file I-485 with the immigration judge. The fact that USCIS approved I-485 seems to be problematic (that is, unless you were an "arriving alien").

[proceedings]

The I-130 can be approved by USCIS when you are in removal proceedings (I-130 is just about the genuineness of the relationship, not your immigration status). In the case of an I-130 based on a marriage that happened while you were in removal proceedings, the petitioner needs to prove by a higher standard of evidence, "clear and convincing evidence", that the marriage was bona fide; that's what I am guessing the exemption was about.

However, that is separate from the fact that the jurisdiction for I-485 lies with the immigration judge in immigration court, not USCIS, when the person is in removal proceedings, unless the person was put into removal proceedings as an "arriving alien". Normally, when you are in removal proceedings, you would have to wait until USCIS approves the I-130, and then file I-485 with the immigration judge. The fact that USCIS approved I-485 seems to be problematic (that is, unless you were an "arriving alien").

I was admitted in the US on a tourist visa. I applied for asylum, but the case was denied. Since then, I have kept a temporary legal status. Would that qualify me as an arriving alien?

Since USCIS approved the I-485 application, does that mean that I am no longer in removal proceedings? Is there a way to check with the court or in some immigration system whether I am in removal proceedings?

Thanks.

[DreamBigg]

More infor

Hi Proceedings!
Were you ordered deported? Or were you still in removal proceedings when you adjust status. There’s a big difference between the two.
If you were in removal proceedings, uscis would have sent you to the judge to adjudicate your i485.
If you were ordered deported, then the court sealed your faith already. Now you can still adjust status when you’re ordered deported and never leaves. You can file i212 (especially if you ever used advanced parole to travel).
No matter what the situation is, use an attorney to either file the i212 and or go back to court and remove the deportation order on your record.
I know it sound complicated. IT IS COMPLICATED.
but the good news, you have your green card already.

[proceedings]

Hi Proceedings!
Were you ordered deported? Or were you still in removal proceedings when you adjust status. There’s a big difference between the two.
If you were in removal proceedings, uscis would have sent you to the judge to adjudicate your i485.
If you were ordered deported, then the court sealed your faith already. Now you can still adjust status when you’re ordered deported and never leaves. You can file i212 (especially if you ever used advanced parole to travel).
No matter what the situation is, use an attorney to either file the i212 and or go back to court and remove the deportation order on your record.
I know it sound complicated. IT IS COMPLICATED.
but the good news, you have your green card already.

I was still in removal proceedings when I filed I-485.

[DreamBigg]

If you are still in removal proceedings, you should have a court date coming. Wait for your court date and bring your approved I 485 and request a termination.
Call this number 1-800-898-7180 to have the status of your case with the court.
Sometimes applicants have final order of deportation and they don’t know.
Let us know what you find.

[proceedings]

If you are still in removal proceedings, you should have a court date coming. Wait for your court date and bring your approved I 485 and request a termination.
Call this number 1-800-898-7180 to have the status of your case with the court.
Sometimes applicants have final order of deportation and they don’t know.
Let us know what you find.

Thanks for the number!

The system says there is no scheduled hearing date for me. All the other informations are about my denied asylum case almost 10 years ago, and the system says that this case was dismissed, which I know.

Does that mean I am no longer in removal proceedings?