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Immigration

Adjustment of Status - I-485

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I-485 with deportation case pending
My case is a little complex, so I will skip some minor details and get straight to the point. I entered legally on a B1 that I later changed to F1 visa which was approved. While a student, I wasn't on good behavior and acted stupidly. I was arrested for DUIs which in the State of Missouri lands you with a Felony class D. I was sentenced to State Prison where I spent over 6 months behind bar and boy did I learn my lesson. Don't ask how, but I was never placed in deportation proceeding at that time (10 years ago). I managed to get out of prison and decided to move to Chicago.

Married a U.S Citizen and was committed to turn my life around at all cost. I never bothered to even reach out to Immigration to check on my status out of fear of deportation. I told my wife about my troubled past and we were planning on filing adjustment right after we returned from our honeymoon. As my wife was planning our honeymoon, I specifically told her to make sure she's not selecting any place where I have to go through immigration verification. She double, triple checked St Thomas in the U.S virgin Island and that's where we were headed.

Entered U.S Virgin Islands without any problems, but as we were leaving unfortunately we had to go through Customs and ICE was in fact present. After checking, they've determined that I was going to be deported because I was out of status. It's here that the trouble begins, but I was determined to fight.

- March 2015 Arrested and then released by ICE officer with a warrant for my arrest if I was to miss my court date in Chicago.
- April 2015 : Consulted and hired a lawyer.
- May 2015 : Lawyer filed I-485; I-130 and I-765 concurrent.

Surprise! Things are moving forward as if nothing happened

07/31/2015 : I-130, I-485; I -765 received by USCIS
08/04/2015 : Fingerprint and Biometrics accepted
10/29/2015 : Scheduled for Interview for adjustment
12/07/2015 : Interview: Field office officer advised she can only interview us on the I-130 because of the pending deportation case for being out of status.
12/08/2015 : I-130 Approved.

With an approved I-130, our lawyer filed a motion to dismiss deportation. After consideration, the court decided to dismiss the deportation case and we received a notice from the court and ICE.

Our lawyer took the dismissal notice and sent it to the local Chicago office to see if we can get the I-485 only interview. Within 2 weeks, we got scheduled for the interview to adjust status.

04/11/2016 : Interview went very well and I am now awaiting a status update. I have my finger crossed for an easy decision. It's been one week and will return here to update the post.

Advice : Do not under-estimate the power of an immigration lawyer to help you fight through the system.

I hope this helps others in the same situation and wishing you best of luck!

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