Legal Question in Immigration Law in Delaware

In 2005, my wife filed an I-130 petition on my behalf and I subsequently filed an I-485 petition in Texas to adjustment my status. My I-130 was approved, but the I-485 was administratively closed because I was in removal proceeding.

In November 2010, I filed my I-485 before the Immigration Judge in Philadelphia, PA and a Merits Hearings was scheduled for February 2012. I was given a notice by Immigration and Customs Enforcement (ICE) to report to the Office of the Chief Counsel to obtain a referral letter in order that my biometrics may be taken at no charge to me.

My Employment Authorization Document (EAD) is expected to expire in February 2011. Am I eligible to apply for the renewal of my EAD given that my I-485 was re-filed in court? What documents do I need to produce since I was not given a receipt notice by the Immigration Judge? Can I use receipt notice given to me in 2005 when I initially filed my I-130 and I-485 at the USCIS Dallas Office? I am confused and need your assistance.

Asked on 12/20/10, 9:55 am

1 Answer from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation


Frankly, the EAD is the smallest of your concerns. You must make sure you are properly represented in the Immigration Court to have a real chance at winning the Adjustment.

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Answered on 12/27/10, 7:57 am

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