Can You Adjust Status While In Removal Proceedings?

Many things can happen when you are an immigrant trying to achieve U.S. Citizenship. Sometimes you face removal proceedings. But, you may Adjust Status While In Removal Proceedings – You may qualify for an Adjustment of Status and avoid deportation based on family.qualify for an Adjustment of Status and avoid deportation based on family. For example, if you recently married a U.S. citizen, you may be able to obtain a green card.

What is Adjustment of Status?

An Adjustment of Status in the U.S. is the process by which a person receives lawful permanent residence. 

Sometimes removal proceedings start because a person didn’t realize they were eligible for a green card. Such an individual can request an Adjustment of Status or have Voloshen Law prepare the documents for you. There are, of course, rules surrounding your application. To qualify, you must:

  • Be in the U.S. lawfully (i.e., you entered at a port of entry and received admission)
  • Have no “inadmissible” bars to entry into the U.S.
  • Have a qualifying relative who is a U.S. citizen or a legal resident
  • Present an approved visa application filed by the U.S. relative
  • Hold an immediately available priority date (or visa number)
  • Have no immigration violations

For every rule, exceptions apply. Our firm has experience in both the rules and exceptions so that you can navigate the process smoothly. The goal is to have the immigration judge accept the petition.

The Limitations of Marriage – Adjust Status While In Removal Proceedings

If you seek an Adjustment of Status to get a green card based on marriage, there must be proof the marriage is “real.” The court requires convincing evidence that will outweigh any doubts the judge holds. A marriage certificate must be presented and then questioned by a government attorney, and the judge ensues. The examination is another good reason to have an immigration attorney present.

Undocumented and Unlawful Entry

If a person is undocumented and entered the U.S. unlawfully, there may still be a chance of receiving an Adjustment of Status. There is an immigration law, Section 245, that details the requirement. You will qualify If you are the beneficiary of a labor certification or visa petition submitted before April 2001 and can establish your presence in the U.S. as of December 21, 2000. The certification or petition must have received approval, showing its validity.

Deportation of a Lawful Resident due to Criminal Convictions – Adjust Status While In Removal Proceedings

If you have a green card and face deportation due to criminal activity, you may qualify to adjust your status. You could lose your current green card, but the Adjustment of Status would allow you to apply for a new one.

The Voloshen Law Difference

Working your way through obtaining documents and required proofs for an Adjusted Status is daunting, and our team has the experience and resources to put everything on the right track. You want your papers to look professional and correct the first time around, which is part of our responsibility to you as a client. 

We are happy to answer any questions you may have about your situation. We have offices in Huntingdon Valley, PA, and Boca Raton, FL. You can either use our online contact form HERE or call 215-437-7854.


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