Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Political Asylum case closure when married to US citizen

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Political Asylum case closure when married to US citizen

    Is here anyone who could advise me how looks the process of closing PA case on the basis of marriage with US citizen?
    Here is my situation:
    I have a PA case open since 2010. I transferred it to the city where i reside and it is currently in pending status due to the shortage of immigration judges. I got married to US citizen and we filed form I-130 and were approved. On these grounds my attorney filed a MOTION TO SEEK ADDITIONAL RELIEF to the immigration court. We never heard from the court and SIX MONTHS AFTER my attorney filed MOTION FOR ADMINISTRATIVE CLOSURE and we are still waiting for any information from the court.. Did my attorney do everything correct ? I have never heard anything about motion to seek additional relief. Was this motion even needed?
    I have a doubt that my attorney is competent enough. I requested the copies of filed motions from her and saw that first motion ( for additional relief ) was filed 6 months ago but The motion for closure was filed only recently and the court received it few days after i put pressure on my attorney being tired of waiting for so long.
    Somebody who has exact information please advise.

    Thank you

  • #2
    do not close your asylum case until your marriage based Adjustment of Status is approved.

    Comment


    • #3
      Originally posted by inadmissible View Post
      do not close your asylum case until your marriage based Adjustment of Status is approved.
      May I ask you why ? Why couldn't she just file Motion to terminate?

      So you are saying that my attorney is doing everything correct? Motion for administrative closure doesn't close PA case but temporarily stops it so i can go ahead and file for my adjustment of status (I-485) with USCIS, does it? What is going to happen next? I will need to file one more motion to terminate after I-485 approved ( if it is approved) ?

      Thank you !

      Comment


      • #4
        My experience may entail different circumstances than what you have descroned, but you may find some applicability.

        My friend had applied for political asylum based on China "one-child rule," about 6 years ago. The asylum was denied, probably because it was perceived as frivolous (a San Francisco Chinese attorney made a lot of money with those asylum cases). An immigration court hearing was scheduled for a removal order. IN the meantime my friend married a U.S. citizen and submitted I-130 and Adjustment of Status, while waiting for the asylum final hearing (for a removal order). The Adjustment was denied because of the pending asylum hearing, but the judge specified that once the asylum case was closed, i.e., terminated, Adjustment of Status could be resubmitted (and it was).

        The reason given for the first Adjustment procedure to be denied (and $1,070 fee lost) was that an Adjustment procedure could not be processed at the same time as an asylum hearing pending, i.e., two such procedures could not be ongoing at the same time.

        --Ray B




        Originally posted by Immmigrant88 View Post
        May I ask you why ? Why couldn't she just file Motion to terminate?

        So you are saying that my attorney is doing everything correct? Motion for administrative closure doesn't close PA case but temporarily stops it so i can go ahead and file for my adjustment of status (I-485) with USCIS, does it? What is going to happen next? I will need to file one more motion to terminate after I-485 approved ( if it is approved) ?

        Thank you !

        Comment


        • #5
          Originally posted by rayb View Post
          My experience may entail different circumstances than what you have descroned, but you may find some applicability.

          My friend had applied for political asylum based on China "one-child rule," about 6 years ago. The asylum was denied, probably because it was perceived as frivolous (a San Francisco Chinese attorney made a lot of money with those asylum cases). An immigration court hearing was scheduled for a removal order. IN the meantime my friend married a U.S. citizen and submitted I-130 and Adjustment of Status, while waiting for the asylum final hearing (for a removal order). The Adjustment was denied because of the pending asylum hearing, but the judge specified that once the asylum case was closed, i.e., terminated, Adjustment of Status could be resubmitted (and it was).

          The reason given for the first Adjustment procedure to be denied (and $1,070 fee lost) was that an Adjustment procedure could not be processed at the same time as an asylum hearing pending, i.e., two such procedures could not be ongoing at the same time.

          --Ray B
          I understand what you are trying to say.
          My question is Why did she filed motion to seek additional relief and half year after motion for Administrative Closure but not the motion to terminate? As far as i understand motion for administrative closure is not closing PA case completely but just temporarily puts it on hold. Why not to file Motion to terminate? Does my attorney wants me to linger in the court?

          Thanks

          Comment


          • #6
            I can't answer your question, as I can only tell you what I experienced with someone who I was assisting with a similar (but not the same) asylum and Adjustment issues. I think your situation was different enough that the attorney probably had to handle it much differently than the Chinese lady whom I assisted.

            --Ray B

            Originally posted by Immmigrant88 View Post
            I understand what you are trying to say.
            My question is Why did she filed motion to seek additional relief and half year after motion for Administrative Closure but not the motion to terminate? As far as i understand motion for administrative closure is not closing PA case completely but just temporarily puts it on hold. Why not to file Motion to terminate? Does my attorney wants me to linger in the court?

            Thanks

            Comment

            {{modal[0].title}}

            X

            {{modal[0].content}}

            {{promo.content}}

            Working...
            X