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  • #16
    IF IJ told your attorney that he will be filing the I-485 before the IJ only after the I-130 approval means they have to wait for I-130 result. Ij want to make sure of your 130 aproval, And it depends upon IJ to decide for your next hearing for AOS it can be more then 6 Month. regardless of the time period for AOS. And remember you can only adjust in front of IJ. other option is not for you. its procedure my friend. But judge normally will call you back within month or so. ask your attorney to get early date in your next hearing, He can request for early appointment. Is it not possible to file a "courtesy" motion to ask the IJ to review the AOS on an expedited basis.Don't even go there. when the INS attorney mumbled that they requested the I-130 for relocation from Nebraska and it never happened, It means He have no idea about your I-130 And your I-130 is not lost, just they don,t work towards it to get the the info. He will do it before the next apearing.( Where are you appearing before the IJ in NJ? Newark or Elizabeth? I was in Newark...
    My case in in Newark too.

    best of luck,.

    Comment


    • #17
      thank you bushmaster Good luck to you
      fOR FRIEND :
      when they denied my AOS, INS asked me to file
      I-601. I did but they denied it , not enough
      hardship...I did not go for any interview..everything was done via mail.
      did they call you for an interview ??

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      • #18
        I was reading your thread . I don't know your case history but as you said you have last chance to apeal in BIA.
        If the BIA denied the apeal you can always apeal to reconsider which should be within 30 days.
        make sure you are writing all the fact in your affidavit. if you don't write all the BIA will denied the apeal.
        other main reason to deniel is Apeal not filled in timely manner which is within 90 days of the decision render to you fron the INS.
        let me know if your whole story.

        Comment


        • #19
          Mohan,

          Does the AOS processing time differ from judge to judge in terms workload? I mean the court's workload in Minnesota can't be as much as in New Jersey's... Hope it won't take more than 6 months... Who is going to do the AOS interview? The judge herself?

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          • #20
            Mohan,

            Does the AOS processing time differ from judge to judge in terms workload? I mean the court's workload in Minnesota can't be as much as in New Jersey's... Hope it won't take more than 6 months... Who is going to do the AOS interview? The judge herself?

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            • #21
              Double Post by mistake

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              • #22
                Yes. Load differs
                IJ will look the papers and there will be no need for interview. Take your spouse with you and all the papers in origional.
                thats all. the interview will only took place if papers work is not satisfied.
                IJ will ask your spouse just simple question and thats .. done.

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                • #23
                  Good to hear that, she already appeared with me many times... Heck, my mother-in-law even appeared in court with me :-)

                  So after the IJ approves the AOS, how long does it take to get the plastic con. green card?

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                  • #24
                    You will get stamp in PP . Time allocated for Plastic is one year but they will send it within 3-4 month. again its depands on the case by case. its different if the marriage is less then two year old/OR if the conditional status etc.etc

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                    • #25
                      to Mohan,

                      My whole story is that I am married to USC and have 2 kids USC..When I joined my husband here, I came with a visa tourist and did not mention that my husband was a USC...
                      So when I filed they denied my AOS...denied the waiver I-601.
                      That's the end of the story..I still have no news from the INS. So my question should I file again for AOS and a waiver at the same time again as some lawyers recommend or should I ask the INS for a notice to go to Court as some other lawyers sugest..
                      I am kind of scared of the court because according to one lawyer if the IJ denied my AOS than I will have only one chance left with the BIA..I will never be able to go to the 9 th circuit because this do no apply for waivers as that lawyer said.Is that true ????
                      I am still thinking about the right decision to take...I am still consulting different lawyers...
                      Thank you for any information you can advance...

                      Comment


                      • #26
                        Yes, Mohan, I was asking about the time to get the plastic conditional green card, so 3-4 months not too bad.. it's just as same as a real green card, anyway...

                        Comment


                        • #27
                          You have a choice either you can file For appeal IN EOIR/BIA and INS to join.because your case was not judged properly and denied with the technicality not in your part. You have to mentioned in your Afidavit that you are married to USC. Attached to Proof with it.
                          BIA will consider it if it is within the time limit. You still can appeal BIA decission and ask for reconsider in the event of change in situation.
                          OR you can apply again with the correct information, in that case the time limit or AOS may fall under the 3/10 year bar. But if it does then later you can refer the denial of AOS based on limited info of the spouse.

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