Q: Does filing a motion to terminate removal proceedings grant me a green-card or do I have to file EOIR-42B?
I have an approved VAWA which I filed concurrently with I-485. I’m not sure whether to file a motion to terminate removal proceedings or file EORI-43B? Which of these will grant me a GreenCard? Thank you.
A: It is impossible to know based on the information you provided, what the right steps would be in your case. If a VAWA petition has been approved, you should be able to adjust the status and terminate the 42b proceeding by way of motion but without having fully studied your case it's impossible to tell. You should definitely speak with an immigration lawyer.
Some are disqualified from VAWA adjustment of status, so they can only seek VAWA cancellation. Again, filing a motion to terminate can mess things up and might even be denied.
As a result, I also strongly recommend that you seek representation before matters get more complicated.
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