Adjustment of Status While Your Removal Case Is Pending

Yes, in many cases a person in removal proceedings can ask the immigration judge to decide an application for adjustment of status, which is a request for a green card. Federal rules give the judge hearing the case exclusive authority over that application for most people placed in removal proceedings. This page explains how adjustment of status in removal proceedings works in Houston, what the judge reviews, and what can happen next.

What Adjustment of Status Means When You Are in Removal Proceedings

Adjustment of status lets an eligible person become a lawful permanent resident, or green card holder, without leaving the United States. Federal law sets the rules. Under the federal adjustment statute, the applicant must file an application, be eligible for an immigrant visa, be admissible, and have a visa immediately available when filing.

If you have a Notice to Appear, the document that starts removal proceedings, you may wonder whether you can still apply. Often you can. The application is then decided in your removal case, not only by USCIS. That is the main difference.

This page is for people served with a Notice to Appear. It is also for family members who are researching this on someone else’s behalf.

Can You File Form I-485 in Houston Immigration Court?

Generally, yes, if your case is pending in immigration court and you are not an arriving alien. The federal filing rule says the immigration judge hearing the proceeding has exclusive jurisdiction to decide any adjustment application you may file.

The practical question is simple. Is your case pending before the Houston Immigration Court? Applications made in removal proceedings must also meet the removal-court application rules and related parts of the regulations.

If your case moved to another court, or has already ended, the filing path can change. The right path depends on the facts of your case.

Who May Be Eligible and What the Judge Reviews

Eligibility turns on how you were admitted, your current status, and the basis for your application. Under the rule on who may apply, a person physically present in the United States may apply, except for a person ineligible under paragraph (b) or (c) of that rule, if they are eligible to receive an immigrant visa and an immigrant visa is immediately available at the time they file. Some people are barred, so the rules must be checked case by case.

The statute also blocks some applicants.

• Unauthorized work before filing
• Unlawful status on the filing date
• Failure to keep lawful status since entry

The bar in 8 C.F.R. § 1245.1(b)(6) for failing to continuously maintain lawful status does not apply when the failure occurred through no fault of the applicant’s own or for technical reasons, and that paragraph also expressly excepts immediate relatives as defined in section 201(b) of the Act.

Some grounds of inadmissibility can be waived. The federal inadmissibility statute lets the Attorney General waive certain grounds for some spouses, sons, and daughters of U.S. citizens or lawful permanent residents. The waiver requires extreme hardship to the qualifying relative. Federal law generally limits court review of that waiver decision, but review of constitutional claims or questions of law is preserved under 8 U.S.C. § 1252(a)(2)(D). In removal proceedings, if you are inadmissible under section 212(a) of the Act and believe you meet the waiver requirements, you can ask the judge for a waiver in conjunction with an application for creation of status as a lawful permanent resident made to the judge, under the removal-court application rules.

Adjustment is discretionary, so approval is never automatic. An early review of your immigration history helps spot these issues before anything is filed.

How the Process Works, Step by Step

The process moves through five stages, from document review to a decision.

1. Review your file. Gather the Notice to Appear, prior filings, and any petition that supports the application.
2. Complete the medical exam. The applicant must have an exam by a designated civil surgeon, unless the applicant entered the United States as a nonimmigrant spouse or fiancé(e) of a United States citizen, or as the child of such an alien as defined in section 101(a)(15)(K) of the Act, and was medically examined before, and as a condition of, the issuance of the nonimmigrant visa, within 1 year before applying (8 C.F.R. § 1245.5). The report becomes part of the record (8 C.F.R. § 1245.5).
3. File with the court. The application goes to the immigration court with the required forms and evidence. The schedule follows the court’s calendar, so timing varies.
4. Attend the hearing. The judge may grant a continuance for good cause shown. That can give time to finish the application (8 C.F.R. § 1003.29).
5. Receive the decision. If the judge approves, permanent residence is recorded as of the date of the approving order (8 C.F.R. § 1245.2). If an alien spouse, as defined in section 216(g)(1) of the Act, is approved for adjustment of status, the status is conditional, and a separate Petition to Remove the Conditions on Residence must be made to the director (8 C.F.R. § 1240.11).

What Happens to the Removal Case While the Application Is Pending

The removal case keeps moving on the court’s schedule while the application is pending. Hearing dates and filing deadlines still apply.

Missing a hearing matters. The regulations say no appeal lies from a removal order entered in absentia, so the options narrow fast (8 C.F.R. § 1240.15).

A continuance is the main tool for more time. The judge may grant one for good cause. Motions to reconsider are limited, too. The removal statute allows one motion to reconsider a decision that a person is removable.

Keep every notice. Write down each court date and bring your documents to each hearing.

If the Immigration Judge Denies the Application

The Board of Immigration Appeals (BIA) reviews an immigration judge’s decision on appeal. The regulations allow an appeal from an immigration judge’s decision to the BIA, with listed exceptions (8 C.F.R. § 1240.15).

The appeal is filed on Form EOIR-26, directly with the Board. It must include the fee or a fee waiver request on Form EOIR-26A (8 C.F.R. § 1003.38).

The deadline depends on the type of decision. In cases where an Immigration Judge has adjudicated an asylum application and did not deny the application under 208(a)(2)(A), (B), or (C) of the Act, the Notice of Appeal from a Decision of an Immigration Judge (Form EOIR-26) shall be filed directly with the Board within 30 calendar days of the Immigration Judge’s decision (8 CFR 1003.38). Under 8 C.F.R. § 1003.38(b), the 10-day deadline to file a BIA appeal applies in all cases except the asylum exception in paragraph (b)(2), so act quickly on any order.

The notice must state the reasons for the appeal. Failing to do so may lead to dismissal (8 C.F.R. § 1240.15).

After the BIA, a petition for review in a federal court of appeals is the exclusive means of judicial review of a removal order (8 U.S.C. § 1252). The Executive Office for Immigration Review publishes Board precedent decisions that shape how these cases are decided.

Why Work With AG Immigration Law P.A.

AG Immigration Law P.A. focuses on removal defense and related immigration matters. The practice handles adjustment of status, family petitions, naturalization, removal of conditions on green cards, waivers, and BIA appeals.

Adriana Gomez is the responsible lawyer for this page. Our lawyers handle matters in immigration court and before the BIA. Our office staff and assistants support the work on each file.

If your matter may be referred to another lawyer or firm, we will tell you. Results vary with each case.

Common Questions About Adjustment of Status

Talk Through Your Situation With Our Team

A Notice to Appear or a court date can feel urgent. That pressure can grow when you’re handling the case for a family member. You don’t have to sort out the rules alone.

Our team can review your removal case and your adjustment options with you. Use our contact page to fill out the form, call the office, or message on WhatsApp. You can also book a paid consultation.