How could I terminate the asylum application without a lawyer due to I-485 and i-130 approval ?

Asked over 2 years ago - Las Vegas, NV

I got an approval of I-485 and I-130 through my husband in NV. But still have an open case for asylum in CA with the Master hearing next month. Was trying to sent the copies of approval I-485 and I-130 with all attached information on our marriage. But the Court send it back, as they still have on their record and in their system that I still represented by the attorney which is not true for that moment. So I'm representing myself and trying to request the Judge to close/ cancel the asylum application. What would be the best way to do it and how I could explain them than I no longer have an attorney?

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . USCIS does not have jurisdiction over an I-485 for a person in removal proceedings. Better get an attorney.

  2. Peter Lunt Ashman

    Contributor Level 9


    Lawyers agree

    Answered . If your I-485 was approved by USCIS while you were still in Removal proceedings, then it was done in error and in legal terms, ultra vires. I think you are in over your head and really need to get legal help.

  3. Jamahl Calvin Kersey


    Contributor Level 11


    Lawyers agree

    Answered . You are in way over your head on this and need an attorney. Suffice it to say that the Immigration Judge does have jurisdiction to hear an application for adjustment of status. You need an attorney to review whether your are eligible to adjust versus returning to your native country for consular processing. If you don't want your current attorney on the case anymore, let him/her know, and request that they file a motion to withdraw. One way or another, you need to be represented. With so much at stake, why take the risk of winging it on your own?

    Jamahl C. Kersey (619) 399-3662 is an Immigration and Criminal Defense attorney licensed in CA. The answer above... more

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