Mechanicsville, VA asked in Immigration Law for Virginia

Q: Need advice on Immigration questions

Hello, I have an asylum court hearing in Aug 2023 in Dallas TX court. We moved to Richmond, VA a year ago. I already filed my I-130 on Nov 2017, after my husband obtained his GC on May 2017. But I haven't yet received any approval or disapproval documents of I-130. I only received a notice saying "Case was transferred and a New Office has Jurisdiction."

Also about 3 years back I tried to file I-485 twice but got denied both times. Now, My husband has his Citizenship interview on 14th July 2022. Can I apply for I-485 again after my husband gets his citizenship? Or do I have to wait till my hearing? Please suggest the next steps to be taken. I appreciate your help in this regard.

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1 Lawyer Answer
Monica E Rottermann
Monica E Rottermann
  • Immigration Law Lawyer
  • Santa Ana, CA

A: It is unclear from the facts whether you are actually eligible for adjustment of status. If you are eligible, USCIS does not have jurisdiction over your adjustment of status application because you are in removal proceedings. You would first have to wait for the I-130 to be approved and for your husband to be granted U.S. citizenship, then you might be able to apply for adjustment of status with the immigration judge or get your proceedings terminated so that you can apply with USCIS.

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