Green Card Approved? Your Removal Case May Still Be Open

If your green card was approved while your removal case is still open, you may wonder whether the case closes on its own. Usually, you ask the immigration court to terminate removal proceedings, and the judge enters an order ending the case. This guide walks through that filing, what to do if the court does not act, and where review goes after that.

An Approved Green Card Usually Ends the Removal Case

An approved green card usually ends the removal case, but only after the court enters an order. Adjustment of status lets an eligible person who was inspected and admitted or paroled into the United States, or who has an approved VAWA self-petition, become a lawful permanent resident, in the Attorney General’s discretion, if the person applies, is eligible for an immigrant visa and admissible, and an immigrant visa is immediately available when the application is filed. The law requires an application, eligibility for an immigrant visa, and an immigrant visa that is immediately available when the application is filed (8 U.S.C. § 1255(a)). When the application is approved, permanent residence is recorded as of the date of the approving order (8 U.S.C. § 1255(b)).

Not everyone can adjust. It also has exceptions, including for immediate relatives (8 U.S.C. § 1255(c)). Whether you qualify depends on the facts of your case, so review your full history before you file. Many people focus only on the green card and forget the older events in their file.

Termination Means the Court Ends the Case

Termination of proceedings means the immigration court ends the removal case, so it no longer moves forward on those charges. The judge’s order may direct removal, the termination of the proceedings, or another disposition of the case (8 CFR 1240.12). Termination closes this case only. It does not, by itself, settle your past immigration history, so review that history with care.

Keep three things: the approval notice, the court’s termination order, and proof of your permanent resident status, such as your green card. Store copies in a safe place. Read the termination order closely. Check that it matches your case number and the charges in your file. If it does not, raise the problem with the court right away.

File a Motion to Terminate With the Immigration Court

You file a written motion to terminate with the immigration court that holds your case. Under 8 CFR 1003.31, filings go to the court that has administrative control over your Record of Proceeding. Attorneys must file electronically in cases eligible for electronic filing. Any required filing fee must be paid, and documents or applications filed with the immigration courts that require a fee must be accompanied by proof of payment of the filing fee in a manner and form authorized by EOIR or, if applicable, a fee waiver request pursuant to 8 CFR 1103.7(c) (8 CFR 1003.31). ICE explains that an adjustment application in removal proceedings is made in immigration court before an immigration judge (ICE adjustment of status guide).

A pre-decision motion must be in writing. Unless the immigration judge permits otherwise, a pre-decision motion must state, with particularity, the grounds, the relief sought, and the jurisdiction (8 CFR 1003.23). Attach your evidence with it. If you file a motion to reopen or reconsider on paper, file it in duplicate with the immigration court (8 CFR 1003.23). If electronic filing is not being used in your case, you must serve a copy on the government’s side and include a certificate of service; without one, the judge will not consider the filing unless service is made on the record during a hearing (8 CFR 1003.32).

Follow these steps in order. Prepare the motion. Attach your approval notice and proof of residence. Serve the government’s side. Then track the court’s response. The judge sets time limits for motions and replies. A motion is deemed unopposed unless a timely response is made, so read every court notice closely.

If the Immigration Court Does Not Act

If the judge does not rule, the case stays open, so keep following up on the record. Keep dated copies of every filing, and confirm the court received each one. A pending motion to reopen or motion to reconsider does not stop a decision from being carried out, except in cases involving in absentia orders, unless the immigration judge, the Board, or an authorized DHS officer specifically grants a stay (8 CFR 1003.23). Don’t assume a pending motion will hold things in place.

If the judge denies the motion, the decision must give reasons (8 CFR 1240.12). You may appeal to the Board of Immigration Appeals. File Form EOIR-26 directly with the Board within the time set in 8 CFR 1003.38. Your notice must name the findings of fact or conclusions of law you challenge (8 CFR 1003.3). When no transcript is warranted, briefs are due simultaneously from both parties within 20 days of the Board order setting the briefing schedule, and in no case more than 35 days after the appeal was filed (8 C.F.R. § 1003.3(c)(1)).

Moving during the case creates its own risk. Within five working days of any change of address, you must file Form EOIR-33 with the Board (8 CFR 1003.38).

Who Reviews an Immigration Judge’s Decision

The Board of Immigration Appeals reviews immigration judge decisions on appeal, and a federal court of appeals reviews final removal orders. The Board does not engage in factfinding. A party who believes the Board cannot properly resolve the appeal without more factfinding must file a motion for remand, and the Board may also remand to the immigration judge if further factfinding is needed (8 CFR 1003.1).

For an adjustment application filed in removal proceedings (other than as an arriving alien), the immigration judge has exclusive jurisdiction to decide it (8 CFR 1245.2). So the court makes that ruling, not a separate office. Federal review comes later. A petition for review filed with the proper court of appeals is the sole and exclusive means for judicial review of a removal order, except as the statute provides (8 U.S.C. § 1252).

A motion to reopen is a different request with its own rules. The judge will not grant it unless the new evidence is material and could not have been presented earlier (8 CFR 1003.23). 8 C.F.R. § 1003.23 reads: “A motion to reopen will not be granted unless the immigration judge is satisfied that evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing.”

Cancellation of Removal Versus Terminating Proceedings

Terminating proceedings ends a case, while cancellation of removal is relief a judge can grant within a case. The statute allows cancellation of removal for certain people who are inadmissible or deportable. Different forms of relief have their own eligibility rules.

Missed hearings add another risk. Exceptional circumstances raise a separate question.

The right path turns on the charges, your status history, and whether a removal order already exists. Review each option against those facts before you file.

Talk With Our Team About Your Removal Case

The next filing after an approved green card is often a motion to terminate, and the timing matters. Adriana Gomez is the responsible lawyer for this page. AG Immigration Law P.A. focuses on removal defense, adjustment of status, and BIA appeals.

If your green card was approved while your removal case is still on the court’s docket, the next filing can shape how the case ends. Contact our team through our contact form, by phone, or on WhatsApp to talk through your court record. Consultations with our office are paid.