More details to this question:
okay i have an asylum case that has been dragging since 2003, and i got married to a us citizen back in 2013, while my asylum case was pending with the BIA, and we also have a daughter of 13 months. My wife did file an i130 for me which was approved back in february of 2015, and now just as we are getting ready to submit the i485, we received the decision that the BIA has dismissed my appeal. Now, my lawyer is telling me we have to submit a motion to re-open before we can pursue any other relief meaning the i485. So my question, is what my lawyer is saying the only way to go about this, or do i have any other option or way to go about it? Any answer will be appreciated, and also has anybody seen a situation similar to mine, and what the outcome was. Thanks!
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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In your case, the decision of the immigration judge becomes final when the BIA dismisses your case. Your choice to keep the case active is to pursue a motion to reopen or to sue the agency in federal court. If your case is still pending, your lawyer can request a remand to the court if you are eligible for I-485 adjustment of status. If you are under a final order of removal, your lawyer will not be able to move on your I-485 unless there are special circumstances in your case associated with you being an “arriving alien”. 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 May 27th, 2015 at 2:52 PM