Conflicting info from attorneys

[immigrationlimbo]

I am currently married to a US citizen but have deportation against me. My spouse and I filed for I-130 but my current attorney says that I cannot file for I-485 at the same time because ICE has jurisdiction over my case.

I contacted another attorney and he said that I CAN file for I-485 along with I-130 based on this memo:

http://www.uscis.gov/sites/default/f...atus011207.pdf

it says

“In general, adjustment of status applications filed by arriving aliens who have been paroled and placed in removal proceedings will be adjudicated only by USCIS. “

So based on this memo, can I also file for I-485 before a decision has been made about my I-130?

Is this a good idea to do so? My current attorney said it was not possible to file concurrently when I first consulted with him, but when I consulted with another attorney he said I can based on this memo?

i am a egyptian national and i am paroled.

Thank You all for your time

[shah]

I am currently married to a US citizen but have deportation against me. My spouse and I filed for I-130 but my current attorney says that I cannot file for I-485 at the same time because ICE has jurisdiction over my case.

I contacted another attorney and he said that I CAN file for I-485 along with I-130 based on this memo:

http://www.uscis.gov/sites/default/f...atus011207.pdf

it says

“In general, adjustment of status applications filed by arriving aliens who have been paroled and placed in removal proceedings will be adjudicated only by USCIS. “

So based on this memo, can I also file for I-485 before a decision has been made about my I-130?

Is this a good idea to do so? My current attorney said it was not possible to file concurrently when I first consulted with him, but when I consulted with another attorney he said I can based on this memo?

i am a egyptian national and i am paroled.

Thank You all for your time

Yes you can file the adjustment of status. Actually I have done exactly the same in a similar case before. We filed both the adjustment of status together with the I-130. Once approved, we filed for a motion to terminate. I actually wrote a book on this which will be published soon.

[jan walden]

The first lawyer is correct, you are likely not eligible to file for AoS due to being under removal proceedings. Those proceedings would need to be terminated by the immigration judge before you were eligible to file for AoS with USCIS. Alternatively, the judge could direct you to file an I-485 with him and then he would have exclusive jurisdiction to adjudicate it, but most will simply terminate proceedings and tell you to do it the normal way, mostly due to their overworked backlog. Perhaps consult with a couple more Attorneys and see which answer is given the most, then pick the Attorney you feel most comfortable representing you.

[shah]

You are eligible under the Arriving Alien memo to file both adjustment of status and I-130. This exception applies to only arriving alien.

[harryluther]

What do it happens?

[Bubu88]

What happened with your case?

[wilsonlisa597]

Can you please tell me, What happen with your case?