Aurora, CO asked in Immigration Law and Appeals / Appellate Law for Colorado

Q: What’s next on my AOS case from uscis? Does USCIS know that I have requested prosecutorial discretion?

Hello, I have filled AOS (I-485, I-130, I-131) on July 2022 with USCIS. USCIS denied I-131 due to pending removal proceedings ( pending removal case has not yet calendar for master calendar hearing). Applicant is in removal proceedings since 2020 due to not maintaining F1 status( we have requested prosecutorial discretion and Joint Motion to Dismiss Removal proceeding before ICE Office of Chief Counsel beginning of 2024). We were scheduled for joint interview in May 2023 at fort smith field office. I spoke with USCIS and they said I-485 is awaiting final review since January 2024 at Denver field office. I don’t know how that’s possible. Our joint interviews were held at fort smith field office (May 2023) and as of January 2024 the case is with Denver field office where I reside. What’s next for me? Will USCIS adjudicate I-485 at this point? What about I-130?

USCIS interview officers said during the interview that he don’t know that the applicant is in removal.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Your case appears to be in a complex stage due to the combination of your adjustment of status (AOS) application and ongoing removal proceedings. Since your I-485 is awaiting final review, it's likely that USCIS is coordinating with the Executive Office for Immigration Review (EOIR) and ICE to process your request for prosecutorial discretion and joint motion to dismiss.

Given that your interviews were initially at the Fort Smith field office and the case is now with the Denver field office, there might be additional administrative steps being taken. The relocation of your case file could mean that your local field office in Denver will handle the final adjudication of your I-485 once they receive all necessary clearances.

At this point, USCIS should continue to process your I-485. Your I-130 petition is generally processed separately but is also crucial for your AOS application. If approved, it supports your eligibility for adjustment of status. You should stay in contact with both USCIS and your legal counsel to ensure you’re updated on any new developments or required actions on your part.

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