QUESTION

Hi Sir, I have a p approved I-130,and i have removal proceding i applied to dismiss this proceding,i enter legaly to US. how much time need to dismiss

Asked on Apr 30th, 2012 on Immigration - Indiana
More details to this question:
I entered legally as F1 student visa, i applied for asylum coz i am a doctor thretened in my country. but they put me under proceding removal coz i applied for asylum after the visa finish. and i haev approved I-130 because my wife is a US citizen. how long does it take the immigration or the IEC to dismiss the case and so i can apply for the green card.? i ''ve heard just 45 days is that right ?
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1 ANSWER

Family Immigration Law Attorney serving Minneapolis, MN at Aust Schmiechen, P.A.
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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

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