Can an Immigration Judge Grant My Green Card?

Can an immigration judge grant my green card? Yes, the judge can, when the legal requirements are met. If you are in removal proceedings, the immigration court can decide an application to adjust status, which means applying for a green card from inside the United States. The judge still has to find that you qualify.

What Adjustment of Status Before an Immigration Judge Means

Adjustment of status is the process of applying for a green card while you are in the United States. You ask to change your status to lawful permanent resident here, instead of applying through a consulate abroad. 8 U.S.C. § 1255 sets the basic rule. You must file an application, be eligible for an immigrant visa, be admissible, and have a visa immediately available when you file.

When you have a removal case, the court usually controls this request. Under 8 CFR 1245.2, the immigration judge hearing your case has exclusive jurisdiction over an adjustment application you file. This rule applies to people in deportation or removal proceedings, other than arriving aliens.

A standalone application filed with USCIS works differently. Once your case is in immigration court, the judge decides the adjustment request as part of the removal case. The government attorney takes part in the hearing.

Who Can Apply for Adjustment of Status in Immigration Court

You can apply only if an immigrant visa is available to you when you file. Under 8 CFR 1245.1, you must be physically present in the United States and eligible for an immigrant visa. For many family and employment cases, the Department of State Visa Bulletin shows whether a visa is available.

Your entry and status history also matter. 8 U.S.C. § 1255 covers people who were inspected and admitted or paroled, and people with an approved petition for classification as a VAWA self-petitioner. It also excludes some people who work without authorization before filing, who are out of status on the filing date, or who have not kept lawful status since entry (other than through no fault of his own or for technical reasons). Immediate relatives are treated differently under some of these rules.

Most cases fall into family-based, employment-based or humanitarian categories. Each category has its own papers and timing. Even if you are otherwise eligible, you must be admissible. The grounds of inadmissibility are listed in 8 U.S.C. § 1182. If one applies, you may need a waiver.

What the Judge Looks At: Eligibility, Admissibility and Discretion

Are you eligible for adjustment? Are you admissible, or can you get a waiver? Should the judge grant the request as a matter of discretion?

You carry the burden. Under 8 CFR 1240.8, you must show that you are eligible for the benefit and that it should be granted in the judge’s discretion. If the evidence suggests a mandatory bar may apply, you must prove by a preponderance of the evidence that it does not.

Common issues include prior unlawful presence, earlier removal orders and criminal history. Under 8 CFR 212.7, an applicant for an immigrant visa, adjustment of status, or a K or V nonimmigrant visa who is inadmissible under section 212(a) for which a waiver is available may apply for a related waiver by filing the form designated by USCIS, with the fee prescribed in 8 CFR 106.2, and in accordance with the form instructions.

Discretion looks at the whole picture. Negative facts count against you. The result depends on the facts of your case.

Step-by-Step: How the Process Works in Removal Proceedings

The process moves in stages, and each stage sets the next one. Court calendars and background checks change how long each step takes.

1. First hearing. You tell the judge you intend to seek adjustment or another form of relief.
2. Filing. You file the application, supporting evidence and any waiver request with the court.
3. Deadlines. The judge sets dates for evidence and for an individual hearing on the merits.
4. Individual hearing. You testify and present documents. You have the burden of establishing that you are eligible for any requested benefit or privilege and that it should be granted in the exercise of discretion.
5. Decision. The judge’s decision may be oral or written and must include a finding as to inadmissibility or deportability and the reasons for granting or denying the request, and it concludes with the order of the immigration judge, as 8 CFR 1240.12 provides.

Each deadline matters. Missing a hearing can change your options for good.

What Happens If the Judge Grants or Denies the Application

If the judge grants adjustment, you become a lawful permanent resident. Under 8 CFR 1245.2, your permanent residence is recorded as of the date of the order approving adjustment.

If the director denies the application, the applicant is notified of the reasons for the denial. If the applicant is not an arriving alien, the applicant may instead renew the application in removal proceedings under 8 CFR part 1240. Under 8 CFR 1240.15, an appeal from an immigration judge’s decision to the Board is taken on Form EOIR 26, the Notice of Appeal. The filing date is the day the Board receives it. You must state your reasons in the notice, or the Board may dismiss the appeal.

Some people miss the hearing. If an order of removal is entered in absentia, no appeal lies from that order. A person ordered removed in absentia, who was given oral notice of the time and place of the hearing and of the consequences of not attending, is not eligible for certain relief, including adjustment of status, for 10 years after the final order, unless the failure to attend was due to exceptional circumstances.

Common Mistakes That Hurt Green Card Cases in Court

The biggest mistakes are missed dates and thin records. Many people wait too long to gather documents about their entry, status and family ties. The judge can only weigh the evidence you put in the record.

Another mistake is assuming a USCIS step ends the court’s role. Under 8 CFR 1245.2, if you are in removal proceedings (other than as an arriving alien), the judge has exclusive jurisdiction over an adjustment application you file. Ask about that before you rely on any other filing.

A third mistake is an appeal with vague reasons. Preparation early in the case protects every option that follows.

Preparing Your Case and Talking With This Firm

Start by gathering records. Collect your passport and entry papers, any prior immigration filings, court notices, family relationship proof, and records of work, school and community ties. Bring any criminal records too, even old ones.

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. This page is the responsibility of Adriana Gomez. Consultations are paid, and fees are explained before you book.

If you are asking whether an immigration judge can grant my green card, bring your notices and dates to a paid consultation. Contact AG Immigration Law P.A. through the contact form, by phone, or by WhatsApp.

Frequently Asked Questions

Can I appeal if the judge denies my application?