Can You Adjust Status While in Removal Proceedings?
Adjusting Status While Facing US Removal Proceedings
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Facing deportation does not automatically end your path to permanent residence. Depending on your entry history and visa eligibility, you may be able to apply for a green card directly before an immigration judge as a defense to removal.
This guide explains how status adjustment works inside the immigration court system.
How Does the Adjustment of Status Process Work During Removal Proceedings?
In short, yes, you may be able to adjust status while in removal proceedings, but it depends on your specific situation. Key factors include how you entered the US, what visa category applies to you, and whether you are eligible to apply before an immigration court.
For most noncitizens, once removal proceedings begin, jurisdiction over their adjustment application shifts to the immigration court, meaning an immigration judge decides their Form I-485.
However, there is a major exception: if you are classified as an ‘arriving alien’ (such as someone stopped at a border or port of entry), USCIS retains sole authority to decide your green card application—even while your court case is pending.
Outside of removal proceedings, you file Form I-485 with USCIS to adjust your status. Inside removal proceedings, you need to ask the immigration judge to grant adjustment as a form of relief. You raise it as a defense to removal.
To qualify, you still need to meet the same basic requirements:
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A visa should be immediately available to you
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You need to be admissible to the US or eligible for a waiver
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An immigrant visa petition (such as Form I-130) need to be filed with USCIS—not the court—because immigration judges cannot approve underlying visa petitions. While you can present a Form I-485 green card application to the judge as a defense to removal while an I-130 is pending, the court will typically pause your proceedings until USCIS makes a decision on the petition.”
Not every path to adjustment works inside the court. Immediate relatives of US citizens — spouses, parents, and unmarried children under 21 — often have the strongest cases because a visa number is always available for them. Other family categories may face delays tied to visa backlogs.
The judge looks at your full record. Prior violations, grounds of inadmissibility, or prior orders of removal can all affect your case. A waiver may be needed to clear certain bars.
Timing matters too. You need to apply for an adjustment before your final hearing. Missing that window can cost you the chance to stay in the US. Getting your paperwork in order early gives you the strongest chance of a good outcome.
Key Factors That Affect Adjustment During Removal Proceedings
Several specific factors determine whether an adjustment of status will work for someone in removal proceedings.
When the Immigration Judge Has Jurisdiction
Once removal proceedings begin, an immigration judge (IJ) takes over your case. USCIS no longer has the power to approve your adjustment of status on its own. You are obligated to ask the judge to grant an adjustment as a form of relief during your hearing.
The judge can only do this if you meet all the standard eligibility rules for adjustment. That means having an approved or concurrently filed immigrant petition, a visa number that is available right now, and no disqualifying bars.
The Role of Termination vs. Adjustment in Court
Two paths exist once you are in proceedings:
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Termination: The government agrees to close your removal case. USCIS then handles your adjustment application through the normal process.
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Adjustment before the judge: You stay in proceedings and ask the judge to grant your green card directly at your hearing.
Termination may be better if your case has complications that USCIS needs to review first. Adjustment before the judge can be faster in some cases — but it depends on the judge and the facts of your case.
Bars That Can Block You Even With an Approved Petition
Some past conduct may bar you from adjusting status regardless of your family ties. Common bars include:
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Entering the US without inspection (in most cases)
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Certain criminal convictions
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Prior orders of removal or deportation
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Misrepresentation or fraud in a prior immigration case
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Unlawful presence beyond certain thresholds combined with prior travel
Some bars have waivers. Others do not. If a bar applies to you, a waiver may be filed alongside your adjustment application — but approval is never guaranteed.
Immediate Relatives vs. Preference Category Applicants
Your family-based visa category matters a great deal here. Consider this side-by-side comparison:
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Immediate relatives of US citizens (spouses, parents, unmarried children under 21): A visa number is always available. No waiting for a priority date. Adjustment is more often viable during proceedings.
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Preference category applicants (adult children, siblings, married children): Visa numbers are limited. You may need to wait for your priority date to become current before the judge can grant an adjustment.
If your priority date is not current, the adjustment cannot move forward even if your petition is approved and you are otherwise eligible.
How Conduct During Proceedings Can Affect Your Case
What you do while in removal proceedings matters. Missing a hearing can result in an in absentia order — a removal order issued because you did not appear. That order bars most forms of relief, including adjustment of status.
Complying with all court dates protects your options. It also shows good faith, which can matter when a judge weighs discretion.
Additional Considerations
VAWA self-petitioners in removal proceedings may be eligible to apply for adjustment before the immigration judge, even without a petitioning spouse’s cooperation. This is a key protection for abuse survivors.
SIJS recipients (Special Immigrant Juvenile Status) may also seek adjustment before a judge in some situations, depending on where the case stands in court. SIJS cases have their own eligibility rules and timing requirements.
Both paths require careful handling. A missed step — or the wrong filing at the wrong time — can close off options that are very hard to reopen.
The Adjustment of Status Process During Removal Proceedings
Adjusting status while in removal proceedings follows a specific path — and the steps must happen in the right order.
Here is what to expect at each stage, from start to finish.
Step 1: Motion to Continue or Terminate Proceedings
The first step is addressing the removal case itself. Your attorney files a motion asking the immigration judge to either pause the case or close it while you pursue an adjustment. Judges often grant a continuance when a visa is available and an immigrant petition is pending.
Step 2: Approval
Before you can adjust your status in court, an approved petition should be on file with the USCIS. For family-based cases, this is typically a Form I-130 filed by a US citizen or lawful permanent resident. USCIS processing times vary, but approval can take months or longer depending on the category and current workloads.
Step 3: Visa Availability Check
Once the petition is approved, a visa number should be available in your category. If you’re not an immediate relative of a US citizen, you may need to wait until your date becomes current.
Step 4: Filing Form I-485
When a visa is available, your attorney files Form I-485 directly with the immigration judge handling your case. This is different from the standard USCIS process. The judge reviews the application, and you may also file for a work permit and travel document at this stage.
Step 5: Background Checks and Biometrics
USCIS runs security and background checks on all adjustment applicants. You will be scheduled for a biometrics appointment — typically fingerprinting and photos. This step usually takes a few weeks to schedule after filing.
Step 6: Merits Hearing Before an Immigration Judge
The immigration judge holds a hearing to review your adjustment application. You need to show that you are admissible to the US and that you meet all requirements. If any grounds of inadmissibility apply — such as certain prior entries or immigration violations — you may need to file a waiver at the same time.
Step 7: Judge’s Decision
The judge issues a ruling on your case. If approved, your green card is granted, and removal proceedings end. If denied, you have the right to appeal to the Board of Immigration Appeals. The appeal process adds time but is a meaningful option when the facts support it.
Throughout this process, stay on top of every court notice and deadline. Missing a hearing — even one — can result in an order of removal issued in your absence.
A skilled immigration lawyer can help you during this process.
When to Talk to an Attorney About Your Removal Case
If you are in removal proceedings and think you may qualify to adjust status, speak with an immigration attorney right away. The rules are complex, and small mistakes can cost you the chance to stay. The Law Office of Tatiane M. Silva, P.A., offers guidance for people facing these exact situations in Florida.
Contact us today to schedule an initial consultation and get started.
Frequently Asked Questions
1. Can a judge grant an adjustment of status at the same hearing as removal?
Yes, an immigration judge can consider both issues at once if you file a proper motion and meet the legal requirements. This is called a “defensive” adjustment of status, and it often happens in a single merits hearing.
2. What happens to my case if USCIS denies my I-485 while I’m in removal proceedings?
If USCIS denies your I-485, the immigration judge may still review your eligibility and grant adjustment of status independently. A denial by USCIS does not end your options — the judge has separate authority to decide your case.
3. Can I travel outside the US while adjusting status in removal proceedings?
Leaving the US during removal proceedings is very risky and may be treated as a voluntary departure or abandonment of your case. Always speak with an attorney before any international travel while your case is open.
4. Does adjusting status stop the removal clock?
Filing for adjustment of status does not automatically stop your removal proceedings. The case stays open until the judge either grants your green card or issues a final removal order.
5. What if my visa category becomes current after proceedings already start?
If your priority date becomes current after proceedings begin, you may still be able to file for adjustment of status before the judge. Your attorney can file the required motion and supporting documents to raise this new basis for relief.
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