If you are in proceedings, the court will not dismiss the case on its own. When I represent a person in this situation and the alien is looking to adjust status based on an approved I-130, I will file a Motion to Terminate with the Immigration Judge with a full I-485 provided to the Government (ICE). Whether ICE agrees with the Motion or the Judge grants it will depend on them, but with the "prosecutorial discretion" guidelines that exist at present, there is no reason the government should oppose such a motion. From the time a Motion to Terminate is filed, the government generally has 10 days to respond. If the Judge grants the Motion to Terminate, know that each district has its own procedure for getting an I-485 before USCIS after termination by the Immigration Judge. If you wish to have this done without complication, you would be well advised to hire a competent immigration attorney to represent you at this point.
Answered on May 01st, 2012 at 1:36 PM