If you are in removal proceedings, you might still be able to apply for a green card. This process is called adjustment of status. It is available if you meet certain criteria. This blog explains how it works in immigration court.
Who Can Apply for Adjustment of Status?
Some people in removal proceedings can still qualify for a green card. For example, if you have a family member or employer who filed a petition for you, and it was approved, you may be eligible. You also need to have a visa number available. Usually, USCIS approves the petition first. After that, the immigration judge looks at your green card application in court.
Who Decides Your Case: USCIS or the Judge?
- USCIS: Handles most green card cases outside of court.
- Immigration Judge: If you are in removal proceedings, the judge usually has control over your case.
- Arriving Aliens: If you entered the U.S. with parole or other special status, your case may have different rules.
What Do You Need to Qualify?
- An approved petition, such as a Petition for Alien Relative or Immigrant Petition for Alien Worker
- A visa number must be available for your category.
- You must be allowed to stay in the U.S., or be eligible for a waiver.
Steps in the Process
- Submit your petition to USCIS, if it has not been approved yet.
- Sometimes the court will pause the court case while USCIS revies the petition
- Once it is approved and a visa is available, file Form I-485 and give a copy to the immigration court.
- Go to your fingerprint (biometrics) appointment.
- File the necessary supporting documents with the court
- The judge will decide your case
Why Apply Through the Court?
- You can apply for a green card without leaving the U.S.
- This may help fix past immigration problems.
- It gives a second chance if USCIS denied your earlier green card request.
Things to Keep in Mind
- Deadlines matter: The court will give you deadlines. You must follow them.
- Bring proof: You need to show documents that support your case.
- If denied: The judge can order you removed from the U.S.
- Past orders: If you had a removal order before, this may affect your eligibility.
What Happens If You Win?
If the judge approves your green card, USCIS will send you instructions. These steps include how to get your green card or work permit. You may also receive a stamp in your passport or a notice confirming you are now a lawful permanent resident.
Choosing the Right Strategy
Since each case is different, you need to think about your immigration history, your petition type, and any past problems with your status. Also, you should ask whether USCIS or the judge should handle your application. Sometimes, you may need to ask the court to pause or reopen your case. In other cases, an appeal might be necessary.
Immigration law is complex, and removal proceedings can involve high stakes. Because of this, it is very important to go through this process with the help of a licensed immigration attorney. An attorney can guide you through the steps, help avoid costly mistakes, and improve your chances of success.
Schedule a Consultation with an Immigration Lawyer
Citations
- USCIS – Form I-485
- USCIS – EOIR Immigration Benefits
- Justia – Adjustment in Removal Proceedings
- USCIS Policy Manual – Jurisdiction Rules
- American Immigration Council – Adjustment for Arriving Aliens
We Can Help!
If you have questions regarding Adjustment of Status, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
SIANA J.MCLEAN is a Partner at Richards and Jurusik, who practices immigration law with a focus on asylum, removal defense, and immigration court matters. She has extensive experience representing clients before U.S. Immigration Courts and the Board of Immigration Appeals. (Full Bio)
