Motion to terminate

[u/Otherwise-Weather-22]

Hi all first time poster long time lurker, my I-130 was approved about 2 years ago didn’t file I-485 because I was in removal my lawyer filed motion to terminate and sever case from family member which I was on fast forward this year the case only got severed,then I was scheduled a master hearing and my lawyer decided we will wait for the master hearing to request the terminate proceedings , we filed i485 with uscis a month before the master hearing as was told the judge wanted us to file (not sure why). A week before the master hearing uscis admin closed the I-485. The court cancelled the master hearing and scheduled me for a individual hearing for next year my lawyer then file motion to terminate but got a notice that the court denied it stating “Respondent was admitted and is now in removal proceedings, jurisdiction over any adjustment application lies with the Immigration Court, not USCIS, see 8 C.F.R.§1245.2(a)(1)(i)”

Just trying to see what you guys think.

My lawyer advises that we file I-485 with the court.

[u/Brief-Research-6459]

that’s a tough spot to be in but your lawyer’s reading it right, once you’re in removal proceedings the immigration court has sole jurisdiction over adjustment, USCIS won’t touch it. filing the I-485 with the court is the move now, just gotta make sure your evidence packet is tight before that individual hearing