Court Representation
Adjustment of Status in Court
Being in removal proceedings does not close the door to residence. If you have an approved family petition and an available visa number, the immigration judge can grant your green card at your own hearing.
Many people in removal proceedings already have a path to residence open and do not know it: a U.S. citizen spouse, a child over 21, a permanent resident parent. When that petition exists, adjustment of status moves out of USCIS and into the hands of the immigration judge, who can grant it and end the case that same day.
What Is Adjustment of Status Before the Judge?
Adjustment of status is the process by which someone already in the United States obtains permanent residence without leaving the country. It is normally handled by USCIS. But when a person is in removal proceedings, jurisdiction shifts: the immigration judge decides the application, within the same removal case.
That means the hearing is no longer only a defense against deportation — it also becomes the opportunity to obtain the green card. If the judge grants adjustment, proceedings are terminated and you leave court as a lawful permanent resident.
The most common basis is an approved family petition — the petition filed by a U.S. citizen or permanent resident relative. It may also rest on an employment petition, an approved U or T visa, or other categories, as long as a visa number is immediately available.
One important exception: if you were classified as an "arriving alien" on entry, jurisdiction over adjustment may remain with USCIS even while you are in court. Determining who has jurisdiction is one of the first things to resolve, because filing in the wrong forum costs months.
Who Can Qualify?
For the judge to grant adjustment of status, these conditions generally must be met:
- An approved family petition, or one filed in a way that can be approved
- A visa number immediately available under the current month’s Visa Bulletin
- Having been inspected and admitted or paroled into the country, unless a section 245(i) exception applies
- Being admissible to the United States, or qualifying for a waiver that cures the inadmissibility
- Not being subject to a bar to adjustment, such as certain criminal convictions or immigration fraud
- The immigration judge having jurisdiction over your application — judges do not have it in "arriving alien" cases
How the Case Is Handled
Verifying the basis and jurisdiction
We confirm that a viable petition exists, that a visa number is available, and that the judge — not USCIS — is the one who must decide your application.
Admissibility analysis
We review entries, departures, criminal history, and any fraud allegation. Where inadmissibility exists, we identify the applicable waiver and prepare it in parallel.
Filing with the court
We prepare and file your residence application with the judge, along with the supporting documentation and what your petitioning relative must provide.
Merits hearing
You and your petitioning relative attend the hearing. The judge evaluates the relationship and your eligibility. We prepare you both so you know what you will be asked.
Grant and termination
If the judge grants adjustment, removal proceedings are terminated and you become a lawful permanent resident that same day.
Frequently Asked Questions
Can I get a green card while in deportation proceedings?+
Yes. Being in court does not eliminate your eligibility for residence. If you have an approved petition and an available visa number, the immigration judge can grant adjustment of status within the same proceeding.
Do I file with USCIS or with the court?+
As a general rule, once removal proceedings begin, jurisdiction passes to the immigration judge. The main exception is "arriving alien" cases, where USCIS retains jurisdiction. That determination must be made before anything is filed.
What if I entered without inspection?+
Entering without inspection normally bars adjustment of status inside the country. The exception is section 245(i), which allows certain people with petitions filed before April 30, 2001, to adjust. If it does not apply, other paths may exist — such as the provisional waiver and consular processing — analyzed case by case.
Does my spouse have to attend the hearing?+
In marriage-based cases, almost always. The judge generally wants to hear from the petitioner to assess the authenticity of the relationship. We prepare both of you in advance.
Can I work while waiting for the decision?+
Yes. A work permit can be requested along with your residence application, and it can be renewed while the case remains pending. In your consultation we explain how it applies to your situation.
What if the judge denies adjustment?+
You may appeal to the Board of Immigration Appeals within 30 days. That is why any alternative defense, such as cancellation of removal, should be raised from the start rather than relying on a single path.
Your situation has a solution.
Schedule a consultation of up to 30 minutes with Attorney Jesus Reyes and learn your legal options. $200.
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