Should I do a motion to reopen before the immigration judge cancels his withholding status?


Q: My husband was granted a withholding in 2003. We married in 2004, have 1 child. I just got my citizenship in 2011 and want to file a petition for him. My question is: should we do motion to reopen before the court judge cancel his withholding status? Or can we just do the I-130/I-485 through USCIS?

A: First you have to determine if your husband is eligible to adjust his status in the United States.  To be eligible, he must either protected by 245i or he must entered the US legally (not as a crewman).  If he is eligible, you should file I-130 and I-485 with the USCIS.