Adjustment of Status in Removal Proceedings

⚖️ What Is Adjustment of Status?

Adjustment of Status (AOS) allows certain individuals physically present in the U.S. to apply for lawful permanent resident (green card) status without leaving the country. Even if you are in removal proceedings, you may still qualify to adjust your status if you meet eligibility criteria.


🏛️ Applying During Removal Proceedings

When in removal proceedings, you must file Form I-485 (Application to Register Permanent Residence or Adjust Status) along with a motion to terminate removal proceedings or a request for the immigration judge to allow your application.


✅ Eligibility Criteria

  • You are eligible for a green card through family, employment, asylum, or other categories.

  • You entered the U.S. legally or meet specific “inspection and admission” requirements.

  • You are not barred by criminal or immigration violations.

  • You can demonstrate eligibility before the immigration judge.


🧾 Process Overview

  1. File Form I-485 with USCIS (sometimes deferred to the immigration court).

  2. Submit evidence supporting eligibility.

  3. Attend a hearing before the immigration judge.

  4. Immigration judge may terminate removal proceedings if AOS is granted.

  5. USCIS issues a green card upon approval.


🚨 Challenges in Removal Proceedings

  • The government may argue you are not eligible to adjust status.

  • You must carefully document eligibility and legal grounds.

  • Representation is critical to argue your case effectively.


👩‍⚖️ Role of Legal Counsel

An experienced immigration attorney will:

  • Prepare your AOS application and supporting evidence.

  • File motions to terminate or administratively close removal proceedings.

  • Represent you at hearings and coordinate with USCIS.

  • Advise on risks and alternatives if AOS is not possible.


🇺🇸 Final Note

Adjustment of Status in removal proceedings offers a vital pathway to lawful residency but involves complex legal hurdles. Professional guidance is essential to navigate this process successfully.


📞 Contact Borderless Lawyers now to explore your eligibility and build a strong defense.

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