Legal Question in Immigration Law in New York

I filed an i-485 through marriage in sept 2010 , but refiled an i-360 which was approved in jan/2012 . can i go to my i-485 hearing even though its for a marriage and not an i-485 through abused spouse ?if i go to my i-485 hearing without my spouse and show them the approved i-360 will they accept that and approve my adjustment of status or should i just reapply a new i-485 through abused spouse and repay the 1000+

my lawyer who i dont agree with is saying i can be put into deportation which i dont understand considering when i went to the interview the first time i told the interviewer that i was applying for vawa and to put the case on hold pending approval of i-360 she did and wrote something in passport saying pending

now i have got a letter for fingerprinting next month for the old i-485 i did in sept ... .. any help would be appreciated


Asked on 3/23/12, 11:14 pm

1 Answer from Attorneys

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

Hello:

It would be hard to reconcile how you could have both at the same time.

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Answered on 3/29/12, 4:36 am


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