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
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.