Immigration Proceeding with I 130 Pending

[Shaddy92]

Hello everyone, I have been a silent reader but got the courage to post my story today.
I got married in August 2018, but for some reasons didn’t put in applications for adjustment of Status. While traveling in Dec 2018, I was detained by ICE and got out on bond. Afterwards my lawyer filed in only 130 for me in March 2019, I went for my master hearing August 2019, my lawyer showed the judge notice of receipt of 130 from USCIS.The immigration Judge adjourned my case and said I should come back to court when USCIS decides my 130. Since March 2019, this is November 2020, no word from USCIS meanwhile the court keeps adjourning my hearing. Now my hearing is till 2021. Please has anyone been in this situation. How long did it take for your 130 to be approved? Do I keep waiting or file an Info Pass... please I am confused. Will I do an interview before 130 gets approved? These are all the questions on my mind.

[Xaxaza]

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[rohjas]

Why were you detained by ICE? Were you travelling without and Advanced Parole document?

[newacct]

Hello everyone, I have been a silent reader but got the courage to post my story today.
I got married in August 2018, but for some reasons didn’t put in applications for adjustment of Status. While traveling in Dec 2018, I was detained by ICE and got out on bond. Afterwards my lawyer filed in only 130 for me in March 2019, I went for my master hearing August 2019, my lawyer showed the judge notice of receipt of 130 from USCIS.The immigration Judge adjourned my case and said I should come back to court when USCIS decides my 130. Since March 2019, this is November 2020, no word from USCIS meanwhile the court keeps adjourning my hearing. Now my hearing is till 2021. Please has anyone been in this situation. How long did it take for your 130 to be approved? Do I keep waiting or file an Info Pass... please I am confused. Will I do an interview before 130 gets approved? These are all the questions on my mind.

A pending or even approved I-130 does not allow you to stay in the US. Only a pending I-485 allows you to stay in the US. If you were out of status and didn't have a pending I-539, I-485, etc., you were indeed deportable. Are you married to a US citizen? If so (which I am assuming is true since the immigration judge would not have allowed you to wait on the I-130 otherwise), you could have filed I-130 and I-485 together, as long as you entered the US legally; there was no reason to file them separately.

Does the USCIS case status for your I-130 still show that it is pending? It does seem to be taking a little long but I am not sure what you can do. At least it's good that the immigration judge will wait on your I-130 which allows you to eventually file I-485 with him when the I-130 is approved, instead of deporting you right away.

[Shaddy92]

Yea I’m married to a USC, I was travelling and hadn’t yet put in my AOS by the time I was stopped by immigration who then transferred me to ICE. Immediately I was released on bond I got a NTA in immigration proceeding and my offense which was stated in the NTA is that I overstayed my Visa. My lawyer submitted my I 130 for me before USCIS, At my master hearing, my lawyer told the Judge I have my receipt from USCIS showing they received my 130. The judge then stated that okay, once my 130 has been decided then we can either file 485 with USCIS or apply for 485 in court. My worry is that the 130 has been submitted with USCIS since last year March, when I check it just says we received your 130 on March 2019.
I don’t know if anyone has a similar issue that’s why I put it out hear.

[Nyc_2018]

Did you check the processing time? A Service request will fix that issue if your case is out of the normal processing time

[tlbgthania]

shaddy92, same thing happened to me back in 2016 i was not married yet but we had our date to get married setup and a month before our marriage happened the same thing that happened to you, my I-130 took a year exactly to be approved but before it was approved my husband received a letter with an interview date. so before it was approved Immigration officer interview us. my recommendation is that you file a service request like the person above me recomended. good luck

[Shaddy92]

It’s past processing time already. How do I go about the processing time cause the lawyer I have is very incompetent.

[Shaddy92]

Meant to say how do I go about service request?