Green Card Options While in Immigration Court in Florida

Can you get a green card while in immigration court Florida? Some people can apply for one while their case is pending, if they meet the rules below. This process is called adjustment of status. This page explains who may qualify, who decides the request, what the filing involves, and when a waiver can matter.

What Adjustment of Status Means When Your Case Is in Immigration Court

Adjustment of status is an application to become a lawful permanent resident, or green card holder, while you are in the United States.

When you are in removal proceedings, the request is handled inside the court case. The immigration judge hearing the case has exclusive jurisdiction over an adjustment application, but for an arriving alien the judge has no jurisdiction unless the conditions in the regulation are met (8 C.F.R. § 1245.2).

That is why the court setting matters. A case filed only with USCIS, outside of court, follows a different path.

Someone who already holds a green card and faces removal is in a different position. This section focuses on people who are asking for a green card while their case is pending.

Who May Be Eligible to Request Adjustment During Removal Proceedings

Eligibility rests on three things: a basis for the green card, an immigrant visa that is available, and admissibility. A person physically present in the United States may apply, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of the regulation, if eligible for an immigrant visa and one is immediately available when the application is filed (8 C.F.R. § 1245.1).

Common bases include:

• A family petition filed by a qualifying relative.
• An employer petition.
• Asylee status. An asylee generally must be physically present in the United States for at least one year after the grant of asylum (8 C.F.R. § 209.2).

The Migration Policy Institute explainer describes these federal pathways in plain terms.

For family and employer cases, your priority date matters.

Not everyone can adjust. Under 8 U.S.C. § 1255, a person in unlawful status on the filing date generally cannot adjust. Immediate relatives, certain special immigrants, and people with an approved VAWA self-petition are treated differently, and other exceptions in the statute may apply.

You carry the burden of showing you are eligible. You must also show the benefit should be granted as a matter of discretion (8 C.F.R. § 1240.11).

Who Decides the Request: The Immigration Judge or USCIS

For most people placed in removal proceedings, the immigration judge decides the adjustment request. The judge’s authority comes from the rule for cases in removal proceedings (8 C.F.R. § 1245.2).

Asylees follow a separate rule. If placed in removal proceedings, an asylee’s application can be filed and considered only in proceedings under section 240 of the Act (8 C.F.R. § 209.2).

Appeals work differently depending on who denies the case. No appeal lies from a denial by a USCIS director.

A judge’s decision can be appealed to the Board of Immigration Appeals. The Executive Office for Immigration Review publishes precedent decisions from the Board and the Attorney General.

How the Process Works: Steps and Timeline

The process moves in five steps. The timing of each step depends on your court calendar and the visa category.

1. Intake and document review. We review your notice to appear, your hearing dates, and any prior filings.
2. Eligibility analysis. We check the basis for the petition, your priority date, and any admissibility issues.
3. Filing preparation. We build the filing package and prepare any motion needed to put the application before the right decision-maker.
4. You attend each hearing on the court calendar. You attend each hearing on the court calendar.
5. Decision and appeal. If the request is denied by the judge, the decision can be appealed to the Board.

Processing times cannot be fixed in advance. Court calendars and agency workload set much of the pace.

What the Filing Package Usually Includes

The package usually includes the adjustment application, proof of your basis, a medical exam report, and identity and civil records. Each item supports a specific part of the case.

• Form I-485, the adjustment application itself.
• Proof of the basis, such as, in certain employment cases, a copy of the Form I-797 notice showing receipt and acceptance of the underlying Form I-140 visa petition (8 C.F.R. § 1245.2).
• Affidavit of support (Form I-864) where the case calls for one (8 C.F.R. § 1240.11).
• Civil and identity records, such as birth and marriage certificates and a passport.
• Prior immigration records and evidence about any criminal or immigration history.

Government filing fees apply. The firm lists the costs you may owe, including government fees, in writing before the filing is prepared.

Inadmissibility, Waivers, and Issues That Can Change the Case

Inadmissibility can block adjustment. Some grounds can be waived.

If you are inadmissible under section 212(a) and believe you meet the waiver rules, you may ask the immigration judge for a waiver during the hearing. You can do this alongside your adjustment application (8 C.F.R. § 1240.11).

Federal law also treats some departures while a removal order was outstanding as grounds of inadmissibility. Every case has its own details, so the facts of each client’s situation are reviewed on their own terms.

Sometimes a motion to reopen is part of the plan. The law generally allows one motion to reopen, subject to listed exceptions.

An appeal to the Board needs a Notice of Appeal (Form EOIR-26). It must come with the fee or a fee waiver request (Form EOIR-26A). Otherwise, the appeal is not properly filed (8 C.F.R. § 1003.38).

Common Questions About Green Cards While in Immigration Court

The short answers below cover common questions about green cards during a removal case.

How AG Immigration Law P.A. Approaches These Cases

AG Immigration Law P.A. focuses on removal defense, adjustment of status, family petitions, naturalization, removal of conditions on green cards, waivers, and BIA appeals. These areas often overlap in one case, so the review can cover each stage together.

Our team, including support staff, helps with paperwork, scheduling, and each step listed above.

Contact options include a web contact form, a phone call to the office, and WhatsApp messages. A paid consultation is available to review a specific case.

If a notice to appear or a hearing date has you asking whether a green card is possible, our team can talk through your situation with you.