02/17/2026
𝐀𝐝𝐣𝐮𝐬𝐭𝐦𝐞𝐧𝐭 𝐨𝐟 𝐒𝐭𝐚𝐭𝐮𝐬 𝐚𝐬 𝐚 𝐅𝐨𝐫𝐦 𝐨𝐟 𝐑𝐞𝐥𝐢𝐞𝐟 𝐟𝐫𝐨𝐦 𝐑𝐞𝐦𝐨𝐯𝐚𝐥!
Adjustment of status is also available as a defense for qualifying beneficiaries who end up in removal, or deportation, proceedings. Sometimes, individuals who would otherwise qualify for adjustment of status end up in removal proceedings before beginning the adjustment process. On other occasions, an application for adjustment of status may have been denied by USCIS and the alien issued a Notice to Appear. In either case, an immigration court may review adjustment applications.
In removal proceedings, you would still need to qualify and be eligible for adjustment of status as if you were applying before USCIS. The immigration court should not require anything more or less than USCIS.
Procedure for Applying for Adjustment While in Removal Proceedings
If applying while in proceedings, the qualifying relative must file the I-130, Petition for Alien Relative with the USCIS if it has not already been filed and approved.
Although local rules may vary with regards to filing, most courts will require that you file Form I-485 Application to Register Permanent Residence or Adjust Status with the immigration court along with Form I-485A if adjusting under 245(i), Form G-325A, Form I-864 Affidavit of Support, results of the medical examination on Form I-693 and proof the marriage is bona fide once the I-130 is approved.
Once everything is filed, the immigration court will review the I-485 and its supporting documentation at an individual hearing. At the hearing, you will need to demonstrate you are qualified for adjustment of status and are not inadmissible to the United States due to disqualifying factors, or that a waiver would cure such factors if they do exist. If approved, the immigration court will issue an order to that effect. From that moment on, you will be a lawful permanent resident, although it bears noting you will receive your green card at a later date.
It is important to remember that adjustment of status is a form of discretionary relief, meaning even if you qualify, the immigration judge can deny relief if he or she feels you do not merit adjustment of status. In other words, even if you qualify, the immigration judge may still deny it.
CONCLUSION:
Like any form of immigration relief, adjustment of status in removal proceedings is not without risks. The application could be denied, the financial costs could be high and the process could take a long time.
Still, if you meet the eligibility requirements, adjustment of status could bring lawful permanent residency and a form of stability likely absent from your life for some time to your future.
Contact us to see how Law Offices of Iorga Law Group, P.C. can help you in your immigration case, contact us online www.iorgalaw.com or call us at
(410)-978-7007; (410)-507-0201 E-mail: [email protected]
PRACTICE LIMITED TO IMMIGRATION AND NATIONALITY LAW- Authorized to Practice Immigration and Naturalization Law in All 50
States and US Territories Pursuant to 8 USC 1292.1
