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EAD WHILE APPEAL PENDING IN FEDRAL COURT

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  • EAD WHILE APPEAL PENDING IN FEDRAL COURT

    Can someone guide me if I can apply for EAD while my assylum appeal is pending in fedral court.Thanks

  • #2
    Can someone guide me if I can apply for EAD while my assylum appeal is pending in fedral court.Thanks

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    • #3
      please help.

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      • #4
        Dear Vito,

        I thought you were in removal proceedings and a I-130 was pending, what happened?

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        • #5
          Dear Bushmaster, I am in proceedings, I have my assylum denied by BIA, therfore, filed appeal in circuit court. I have not yet filed I-130. I am still in state of wait& see.

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          • #6
            Dear Vito,

            I hope things are going good for you, I wish the best for you...

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            • #7
              I,m in the same situation.. answer anyone?
              I apply for BIA to reopen but motion to reconsider is denied too. I filed appeal in 3rd circuit.
              I have my I-130 approved.
              I want to know if INS still have the juridiction when case is in 3rd circuit.
              Can I file I-485 By hand? Based on Visa petition approved.
              Who have the juridiction if the case is on 3rd circuit?.. any one

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              • #8
                Hi Anyone, please can u tell me more about ur approval of I-130. Did u apply after u were placed in removal proceeding or u got married before u were placed in removal proceeding? Can I apply now when my appeal is in circut court? Thanks

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                • #9
                  I was granted Voluntary departure. I got married within the time of departure and file for I-130, and I-485, I motion to reopen my case in the same time, side by side. My I-130 approved but I never heard about I-485. My motion denied by BIA ( was not filed timely) and motion to reconsider was also denied by BIA.
                  Now I have 3rd circuit appeal, pending. My I-130 was approved before 245icame into effect ,means I preserved the eligiblity for AOS, but here comes the matter of jurisdiction.. I don,t know if INS looses the jurisdiction over my case because I have appeal pending in 3rd circuit. My lawyer is not answering ( may be he don,t know). Ask your lawyere if he knows. If INS still have the jurisdiction then we both are good to go, we both will be eligible to file for EAD .

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                  • #10
                    Sure, I will ask my lawyer about it & let u know about her reply. Thank u for ur update.

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