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Immigration Issues/I-751 and Removal Proceeding

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Question
Hi,

I married a US citizen and entered in my marriage in good faith.  However, things didn't work out and we filed for divorce. I filed my I-751 and was denied because my divorce was still pending at the time.  I received a NTA in front of IJ on May 27th.  I showed up and told the IJ that I refiled my I-751 with my divorce decree.  IJ was not able to terminate the hearing but allowed me continuance until INS process my case.  IJ reschedule my hearing to OCT.  What will happen in this case?  Will INS still process my I-751?  Will I be removed?

Thanks,

Ryan

Answer
Ryan,
The USCIS will process the case and once it is approved the IJ will terminate the proceedings. Until then he will be continuing your case.  You will not be removed until the IJ issues an order of removal, which he will not do since the I-751 is pending.

Sincerely,
Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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