09/02/2026
Can you apply for a Green Card through marriage if you're currently in immigration court (removal proceedings)?
Yes, but it requires a very specific legal strategy. ⚖️
Attorney Roshni Patel recently attended a USCIS interview in Orlando for a client who entered via the CBP One app (paroled into the U.S.) and later married a U.S. citizen. Here is how we navigate this technical process:
I-130 Petition First: Because the client is in removal proceedings, USCIS can initially only adjudicate the marriage petition. We submitted substantial evidence proving the bona fides of the relationship, alongside the required 204(g) exemption.
Master Calendar Hearing Next: Once the I-130 is approved, we will request that the immigration judge terminate removal proceedings.
Adjustment of Status: Because the client was officially paroled, jurisdiction to issue the Green Card lies with USCIS, not the court. Once court proceedings are terminated, we return to USCIS for the final Green Card interview.
Navigating immigration court while adjusting status requires meticulous planning. Don't go through the process alone.
📞 Contact RPatel Law today at (352) 404-6166 to evaluate your options.
Disclaimer: The information provided in this video and caption is for general informational and educational purposes only and does not constitute legal advice. Watching this content or contacting our firm does not establish an attorney-client relationship. Every immigration case is unique—consult a licensed immigration attorney regarding your specific situation.