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  • speeding up I-130

    I know there is probably no way, but is there any way to speed up processing of an I-130 app in the LA office? I would like to have it approved before September--because have a court date (fallout from special reg). I am a USC, so I wrote to several congresspeople, they asked why I wanted it processed faster, I said because I want to get a work permit for my husband. (He is in removal because of an overstay before we got married that was found during special reg.) In the meantime, we're on 1 salary and in 'illegal limbo' as he is statusless. I know I could get AOS before the IJ after the I-130 is approved, so I have six months. The I-130 was only turned in a few months ago. Any suggestions?

  • #2
    I know there is probably no way, but is there any way to speed up processing of an I-130 app in the LA office? I would like to have it approved before September--because have a court date (fallout from special reg). I am a USC, so I wrote to several congresspeople, they asked why I wanted it processed faster, I said because I want to get a work permit for my husband. (He is in removal because of an overstay before we got married that was found during special reg.) In the meantime, we're on 1 salary and in 'illegal limbo' as he is statusless. I know I could get AOS before the IJ after the I-130 is approved, so I have six months. The I-130 was only turned in a few months ago. Any suggestions?

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    • #3
      Has your I-130 been transfered to your district office in LA.

      I faced the same situation, but fortunately I have my I-130 date coming up and my court date falls in May.

      I think your troubles wont be over in september either if your I-130 interview is done and aprroved by then either. As that will be the Master Calender hearing and all your husband will do is be told about the charges he was served a notice for.

      YOur lawyer at that time will tell on what basis he seeks relief from deportation and that is his marriage to a US citizen (if I-130 is approved). The judge will then set up another date and about 10-15 days before the next court date you can file for adjustment of status and employment authorization. I think you will get employment authorization immediately and the AOS will take a few months!

      If the I-130 is not approved by then, the judge will tell the INS attorneys to expedite the I-130 decission so he can make a decission on this case!

      Hang in there! I know this is tough, but I am going through the same situation. Everything will be alright. My prayers are with you!

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      • #4
        Hi Tommy

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        • #5
          Thanks for your prayers. We actually already had master calender, and determined that my husband is deportable (because I-130 couldn't be filed before we had to register, because just got married and didn't have official marriage license, yet had to go for spec reg -- silliness!) Anyway, so the judge said he'd give us 6 months to see what happens with the I-130. I was hoping to get it adjudicated asap, so that when Sept. rolls around, we can take the next step, instead of just getting another 6 months to wait around for the INS. I was told that it can take 825 days to process this I-130!! I first filed in Laguna Nigel, because my lawyer told me to. Then got a new lawyer that told me to file in LA at the local office. So, I'm open to any ideas to expedite this. I just hate this whole limbo situation. It was bad enough waiting for the first hearing!

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          • #6
            Supergrrl,

            I would suggest that you keep on calling the Congressmen's offices so they can look into this matter. When you go for your next hearing and the I-130 is not adjucated the judge might ask the INS attroneys to look into the matter so he can make a decission.

            I understand that LA office is one of the busiest and the other factor against you is that once a person is in deportation, I-130 of that individual becomes least of INS's priorities.

            Like I said, contact the congressmen's offices, they have specail people working for INS issues. They will call the INS and ask them to expedite the I-130. But the INS always doesnt do it.

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            • #7
              Tommy is Bushmaster in disguise!

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              • #8
                Tommy--thanks for your encouragement--if you or anyone else has a strategy, please let me know.

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                • #9
                  To Supergrrl:
                  I hope your spouse had also submitted AOS Form I-485, EAD Form I-765 alongwith your I-130. If so, it will speed up the process. They will send a letter to your spouse for fingerprinting and also will issue EAD for him to work. If you had just filed I-130 then it will processed in a routine not as a priority.
                  Good luck.

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                  • #10
                    Dear Umesh,
                    When in Deportation proceedings one cannout file Employment authorization and AOS. How do I know. Because I did try filing and it doesnt owrk that way.

                    The only way that the AOS can be filed is infront of an immigration judge. So what happens is the judge makes that decission of I-130.

                    Usually when you file I-130, it gets approved by Nebraska and when in removal usually the general belief is that the marraige is entered for immigration benefits. So the buden of proof is on you to proove that the marraige wasnt entered because of Immigration purposes.

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                    • #11
                      When you are in deportation proceedings you can adjust status before the Immigration Judge if you have an approved I-130 petition.

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                      • #12
                        Tommy--
                        was married before removal begain, so don't have to prove that the marriage is bonafide. However, I included a lot of proof with my I-130, just to make my petition stronger. We married before deportation proceedings--got deportation as a result of special reg. Before master calender, our lawyer had us file the I-130 in LA, because we had filed it in Laguna Nigel--which she said was wrong. I was just hoping to speed up the I-130, so that by the time of our second hearing (September) the I-130 is approved and we can adjust in front of IJ. Just looking for ways to speed up the I-130.

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                        • #13
                          If you were married before immigration proceedings were you able to file for I-485? If not and you only filed I-130 then I think the only thing tat you can do is wait and contact congressmen in this regard.

                          If you filed 485, you might have also filed EAD too. Then the EAD card for your husband might ne in process.

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                          • #14
                            While the person is under Deportation Proceedings before IJ and is out on a Bond etc., the person can get EAD under Administrative processing for hardship.
                            Good luck.

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                            • #15
                              Umesh,
                              When a person is under proceedings the person CANNOT file for EAD, you know why because a person is only eligible for EAD when going through AOS.

                              how do I know? As I have tried real hard to get it! It doesnt work that way! When the judge dismisses the case and starts AOS, thats when EAD is given to Alien!

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