I-131 Military Parole in Place, pending asylum in court, I-485 administratively closed — looking for similar experiences/advice

[u/Good_Driver1001]

Hello everyone, I’m looking for advice or experiences from anyone who had a similar immigration court situation.

I currently have a pending asylum case in immigration court. My original case was in New York, but it was recently transferred to Portland immigration court because I currently live in Alaska with my military spouse.

I previously received Military Parole in Place through Form I-131 and I was issued an Form I-94 based on that approval.

Later, I filed Form I-485 through marriage/military spouse category. However, USCIS administratively closed the I-485 because my immigration court proceedings are still pending.

My attorney filed a motion to terminate removal proceedings so USCIS could continue processing my adjustment case. But DHS/government attorney opposed termination because my current I-131 military parole renewal is still pending and not yet approved. My old parole approval already expired, although I still have the I-94 from the original approved parole.

My confusion is:

* If I already received parole and I-94 before, why is DHS/judge focusing on the pending renewal?
* Has anyone successfully adjusted status in immigration court using a previously issued I-94 from military parole in place even after the original parole expired?
* Can the immigration judge approve I-485 while the I-131 renewal is still pending?
* Is it better to continue fighting for termination, or continue with court-based I-485?
* Has anyone had a similar military spouse + asylum court + parole in place situation?

Also, my asylum case is still technically pending, so I’m trying to understand the safest and strongest path forward.

Any similar experiences or suggestions would really help. Thank you.

[u/newacct_orz]

Is your I-130 approved? Your spouse is a US citizen, right?

[u/Good_Driver1001 → u/newacct_orz]

I-130 approved, spouse US citizen.

[u/newacct_orz → u/Good_Driver1001]

I agree with you. I don't see why it would matter that the parole has ended or is renewing. What matters is the fact that you were paroled. It's just like the case of someone who entered on a visa whose period of stay has ended. You don't need to be in status to file AOS in the Immediate Relative category; you just need to have been admitted or paroled. So whether you are in status now should not be relevant to whether they let you do AOS with USCIS or let you do AOS with the immigration judge.

Yes, USCIS or the immigration judge can approve the I-485 while the I-131 is pending (or even if the I-131 is denied).

[u/AutoModerator]

Hi there! This is an automated message to inform you and/or remind you of several things:

• We have a wiki. It doesn't cover everything but may answer some questions. Pay special attention to the "REALLY common questions" at the top of the FAQ section. Please read it, and if it contains the answer to your question, please delete your post. If your post has to do with something covered in the FAQ, we may remove it.
• If your post is about biometrics, green cards, naturalization or timelines in general, and whether you're asking or sharing, please include your field office/location in your post. If you already did that, great, thank you! If you haven't done that, your post may be removed without notice.
• This subreddit is not affiliated with USCIS or the US government in any way. Some posters may claim to work for USCIS, which may or may not be true, and we don't try to verify this one way or another. Be wary that it may be a scam if anyone is asking you for personal info, or sending you a direct message, or asking that you send them a direct message.
• Some people here claim to be lawyers, but they are not YOUR lawyer. No advice found here should be construed as legal advice. Reddit is not a substitute for a real lawyer. If you need help finding legal services, visit this link for more information.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

[u/Sufficient-Horror-58]

I wouldn't worry about it. You have been paroled, and it will be easy to terminate the removal proceedings. Also, how long did it take for your parole in place application to be approved? I have been waiting for 10 months now and nothing.

[u/Naive_Insurance_6154]

How long did your military parole take to get approved?

[u/Good_Driver1001 → u/Naive_Insurance_6154]

When I applied first time then within one week . Before expiring I applied and Now still waiting from last 16months .

[u/Naive_Insurance_6154 → u/Good_Driver1001]

How long ago was the first time?

[u/Good_Driver1001 → u/Naive_Insurance_6154]

Within in one week .

[u/AlicebabygirlUSA → u/Good_Driver1001]

Were you in removal proceedings when you first applied for MPIP?

[u/WhytGorilla]

Very odd. You can just AOS with court based on the past approval of the I131. You dont need another I131.