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Monica E Rottermann

Monica E Rottermann

Law Office of Monica Rottermann
  • Immigration Law
  • California
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Practice Area
Immigration Law
Asylum, Citizenship, Deportation Defense, Family Visas, Green Cards, Immigration Appeals, Marriage & Fiancé(e) Visas, Visitor Visas
Jurisdictions Admitted to Practice
California
State Bar of California
ID Number: 272874
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Languages
  • English: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Managing Attorney
Law Office of Monica Rottermann
- Current
Education
University of San Diego School of Law
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Professional Associations
American Immigration Lawyers Association
Member
Current
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California State Bar  # 272874
- Current
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Websites & Blogs
Website
Legal Answers
135 Questions Answered
Q. Do I need to pay for a new I-131 while I-485 is pending?
A: No, as you filed your I-485 prior to April 1, 2024, you are not required to pay a filing fee for the I-131. You should submit a copy of the I-485 receipt notice with your application. See USCIS website: https://www.uscis.gov/i-131

You do not need to pay an additional fee for Form I-131 if:

• You are filing Form I-131 Application Type 2 or 5A;

• You filed Form I-485 with a fee on or after July 30, 2007, and before April 1, 2024; and

• Your Form I-485 is still pending.
Q. USCIS I-485 medical exam renewal guidance
A: If you preemptively send a new medical exam to USCIS without first receiving a request for evidence (RFE), you run the risk of the medical exam being misplaced and not making it into your file. Instead, you can wait for USCIS to either issue a RFE for a new medical exam or wait for an interview notice, and if your case is scheduled for interview you can take the updated medical exam with you to the interview.
Q. Handling I-862 filing with adjustment of status process in court
A: First, if you have been issued a Notice to Appear for removal proceedings, which it appears you have since you reference Form I-862, it is very important that you attend all scheduled court hearings and inform the immigration court if you ever change addresses. If you fail to attend any scheduled court hearing, the judge can order you removed from the United States in your absence.

In terms of whether USCIS will continue to have the power to decide your adjustment case, depends on the manner of your entry into the United States. For example, if you were paroled into the United States and are classified as an “arriving alien,” USCIS would have sole jurisdiction over your adjustment of status case and you should take proof of the pending application with USCIS to your court date and ask that the judge to continue your case, administratively close your case, or dismiss your case to await USCIS’ decision.

If, however, you are not classified as an “arriving alien,” than the immigration court and not USCIS would have jurisdiction over your adjustment case. You would still want to take proof of the filing of the I-130 and I-485 to court and ask the judge to wait for USCIS to approve your I-130 petition so that you could then pursue the adjustment of status application with the judge.

It is advisable to consult with an immigration attorney to confirm your eligibility for relief and determine the best course of action to take in your case. ... Read More
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Contact & Map
Law Office of Monica Rottermann
1420 E Edinger Ave
STE 102
Santa Ana, CA 92705
US
Telephone: (714) 605-4393
Fax: (714) 884-3890
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