Staten Island, NY asked in Immigration Law for California

Q: Motion to terminate based on approved I-130, can we file it before the hearing ? I-485 with the IJ or USCIS?

My dad (74y) had administrative closure (low enforcement priority case) years ago, now his I-130 is approved.

When we file for re-calendar (case back on the Court’s active docket) do we have to wait until the hearing date or can we file directly for motion to terminate? can it be done in one hearing?

Is it faster to file (I-485, Adjustment of status) with the IJ or USCIS?

I am AWARE that we have to hire a lawyer, but your response is going to help me with the decision of choosing a good lawyer.

Thank you.

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: You can file a motion to terminate before the hearing, but it typically requires the case to be re-calendared first, which brings it back to the court's active docket. The motion to terminate based on an approved I-130 can potentially be filed alongside the request for re-calendaring. Depending on the judge and jurisdiction, this could be addressed at the initial hearing, although it's not guaranteed.

As for where to file the I-485 (Adjustment of Status), it might be quicker to file with USCIS if the motion to terminate is granted. Filing with USCIS could bypass the additional waiting time for court hearings and might streamline the process under current immigration procedures. However, if the motion to terminate is not granted, the adjustment of status would need to proceed before the Immigration Judge (IJ).

When choosing a lawyer, look for one who has experience with both court and USCIS procedures. This expertise will be crucial in navigating the complexities of your dad's case, especially given the shifting dynamics of immigration law and policy. Good luck with your decision and the next steps in your dad's journey.

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