QUESTION

Can we get a green card inspite of our removal proceeding case? Our son petition us and was approve by INS

Asked on Feb 23rd, 2016 on Immigration - Virginia
More details to this question:
My husband was in custody due to illegal stay .he was released and judge closed the case subject to re-calendar.when my son reached 21 years old he petitioned us and was approved by INS.however,when we applied for green card approval was pending until judge clear us of removal proceedings. We hired a lawyer and a request to re-calendar the case was made. This has been submitted two years ago but of this date no action from the judge . Please advice any measure to take to expedite papers.we have been in the country for 24 years.we are not a terrorist,we are not a criminal.we are working here productively and pay our taxes. Our only fault is overstaying in this country
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
It appears that the immigration judge was sympathetic in having your husband's case administratively closed until your son reached the age of 21 so that your son could then petition for both of you and the judge would be able to grant some form of relief. The delay in re-calendaring the case is likely because immigration courts these days are tremendously backlogged with hundreds of thousands of cases and the dates for hearing are being scheduled further and further down the road. If your lawyer has not done so, he or she should keep reminding the immigration court of the request to re-calendar your husband's case. Your attorney can also communicate with the ICE attorneys to see whether they can push the court.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Mar 22nd, 2016 at 5:06 PM

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