Adjustment of Status Through Immigration Court

Adjustment of Status through the immigration court allows certain individuals in removal proceedings to apply for lawful permanent residence (a green card) before an Immigration Judge rather than USCIS. This process is available when a person qualifies for a green card while their case is pending in court.

Who Qualifies?

Eligible Applicants May Include: – Individuals in removal proceedings with an approved or approvable immigrant petition – Immediate relatives of U.S. citizens (spouses, parents, or unmarried children under 21) – Certain employment-based applicants with approved petitions – VAWA self-petitioners – Asylees and refugees eligible to adjust status – Individuals eligible under special humanitarian provisions Eligibility depends on lawful entry, visa availability, and admissibility.

What Is Required?

Adjustment of Status through the court typically requires: – Form I-485 filed with the Immigration Court – Approved or pending immigrant petition (I-130, I-360, I-140, etc.) – Proof of lawful entry (when required) – Visa availability under the Visa Bulletin – Medical examination (Form I-693) – Affidavit of Support (Form I-864), if applicable – Supporting civil and identity documents The Immigration Judge has authority to grant or deny the application.

Benefits of Court-Based Adjustment

This process may allow individuals to: – Obtain lawful permanent residence while in removal proceedings – Terminate removal proceedings upon approval – Remain in the U.S. with authorized status – Avoid consular processing abroad Court-based adjustment can be complex and requires careful legal strategy.

Common Challenges

Applicants may face issues such as: – Prior immigration violations – Criminal history or inadmissibility grounds – Missing documentation or unlawful entry – Visa retrogression or unavailability – Government opposition Waivers or additional relief may be required in some cases.

How We Help

We represent clients before the Immigration Court, prepare adjustment applications, respond to DHS objections, present evidence, and advocate for approval before the Immigration Judge.

Speak With an Immigration Court Attorney

If you are in removal proceedings and may qualify for a green card, call 323-805-0445 to schedule a consultation and explore your Adjustment of Status options through the immigration court.