I had political asylum case and was waiting for the court after 1st hearing,but got married during the waiting period and filed for I130. Got approved and now filed for "permanently close deportation case at the court". It's been 3 months now and no results. I lost my work permit(from polit.asylum case) and a perfect job. How long does it take judge to close it and if I file for green card right the way after that WHAT IS AN AVERAGE WAITING PERIOD before i get green card or at lease WoRk Permit?i am desperate because cannot get a job or even driver' license. My lawyer appeared to be highly unprofessional and got me in this hole. I lost so much time with him.
Thank You all very much!
Things often move very slowly in Immigration Court. If you are married to a US citizen and now have an approved I-130, but your case is still pending in Immigration Court, the case there can usually be closed to allow your adjustment of status application to be decided by USCIS instead of the Immigration Judge. It isn't possible to say how long this will take or the average waiting period for a situation like this. I can't comment on your lawyer, obviously, but please understand that these processes often take awhile and that having the case sent to USCIS for adjudication is the usual thing to do, and the preferable route, but it does prolong matters.
1. If your asylum is still pending at the court there is no reason you cannot get a work permit based on that. 2. If you have a pending adjustment at the court there is no reason you cannot get a work permit based on that. 3. The timing depends on how busy the judge is, and there is no standard amount of time to complete the case at USCIS, you should expect at least a year or more, and it will very likely require many follow up inquiries.
Your attorney has filed a motion to terminate your immigration court case. This is to allow you to file the I-485 with USCIS rather than the immigration court. An I-485 gets approved faster through USCIS than the immigration court.
As you live in Wisconsin, a 3 month delay waiting for the judge to make a decision on a motion is not unusual, especially if the attorney did not approach the government attorney to do a joint motion to terminate. If the motion to terminate was not jointly filed, then the judge has to give the government time to indicate whether it has any objections to terminating your immigration court case.
While that motion is pending, your asylum case is still pending and you have a right to work authorization. So you can file to renew your work authorization.
Nearly all processing times with immigration benefits are very slow - have you addressed your concerns to your present attorney? That is usually the best way to clear up miscommunications/differing expectations.
