Can an Immigration Judge Issue a Green Card?

Yes, in some cases. An immigration judge can grant certain relief during removal proceedings that leads to lawful permanent residence, which is the green card. The judge’s order is the legal decision. Eligibility is never automatic. It turns on a person’s history, current status and the facts of the case.

If you are reading this for a parent, spouse or other relative, you are not alone in the question. Many families first hear about green cards when a removal case begins. This page explains the rules that apply in federal immigration court. Those federal rules apply the same way in Florida, Texas and New York City. Adriana Gomez is the lawyer responsible for this page.

The short answer: yes, in certain cases

An immigration judge can grant relief that leads to a green card, but only when the person meets the rules for that relief. The two main forms are adjustment of status and cancellation of removal. Under 8 CFR 1240.11, a person in removal proceedings may ask the immigration judge for both. The decision ends with an order, as 8 CFR 1240.12 explains.

The person asking for relief carries the burden of proof. The same regulation, 8 CFR 1240.12, says the decision shall contain reasons for granting or denying the request; the applicant’s duty to establish eligibility is stated in 8 CFR 1240.11(e). The applicant must also show that relief should be granted as a matter of discretion. So the judge asks two questions. Does the person qualify, and should the judge use discretion in their favor? When adjustment is approved, the statute treats the person as lawfully admitted for permanent residence as of the approval date, under 8 U.S.C. § 1255.

How an immigration judge can grant adjustment of status

Adjustment of status lets an eligible person ask for a green card while they are still in the United States. 8 CFR 1245.1 allows a physically present person to apply, except an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section. The person must be eligible for an immigrant visa. An immigrant visa must also be immediately available when the application is filed.

That timing rule is easy to overlook. The statute also ties eligibility to how the person entered. 8 U.S.C. § 1255 covers people who were inspected and admitted or paroled, and also any other alien having an approved petition for classification as a VAWA self-petitioner. A person who was not inspected and admitted or paroled may face a different analysis. Entry history matters from the first day of the case.

Family petitions are a common starting point. Our team handles both adjustment of status and family petitions, so readers can see how the two connect.

Cancellation of removal: section 240A explained

Cancellation of removal is a second route to permanent residence. Subsection (a) covers certain permanent residents. Subsection (b) covers certain nonpermanent residents, as 8 U.S.C. § 1229b states. Under that statute, the Attorney General may cancel removal and adjust status for a person who meets the stated requirements.

For nonpermanent residents, time physically present in the United States is a core requirement. Some cases also turn on exceptional and extremely unusual hardship to a qualifying relative. 8 CFR 1240.20 says extreme hardship in section 240A(b)(2) cases is determined under 8 CFR 1240.58.

The application itself goes on Form EOIR-42, filed with the filing fee or a fee waiver request, under 8 CFR 1240.20.

Good moral character and qualifying relatives: why they decide eligibility

Good moral character and hardship can decide whether relief is possible. The judge looks at conduct over that period. One incident can change the answer, so the full history matters.

The clock on continuous presence can also stop. Under the cancellation statute, any period of continuous residence or continuous physical presence in the United States is deemed to end when the alien is served a notice to appear under section 1229(a), except for an alien who applies for cancellation of removal under subsection (b)(2). That period also ends when the alien commits an offense referred to in section 1182(a)(2) that renders the alien inadmissible or removable, whichever is earliest. The exception to the notice-to-appear stop-time rule applies only to applicants for cancellation of removal under subsection (b)(2), the category for certain battered spouses and children, and not to this offense rule. The period can also end when the person commits an offense referred to in 8 U.S.C. § 1182(a)(2) that makes them inadmissible under that section or removable under 8 U.S.C. § 1227(a)(2) or 1227(a)(4), whichever is earliest.

Evidence counts too. The applicant must submit the required information and documents. The judge decides whether testimony is credible and whether it points to specific facts. When the judge asks for corroborating evidence, the applicant must provide it, unless the applicant demonstrates that the applicant does not have the evidence and cannot reasonably obtain it.

From the judge’s decision to the green card: the card order process

The judge’s order is the legal decision and may be appealed to the Board of Immigration Appeals. If the fee is not paid or the Appeal Fee Waiver Request (Form EOIR-26A) is not filed within the specified time, the appeal will not be deemed properly filed and the decision of the Immigration Judge shall be final to the same extent as though no appeal had been taken. The order is the step that starts the next phase. It is not the end of the paperwork.

Some grants create conditional status. If the judge approves an adjustment application by an alien spouse or an alien entrepreneur, the person gets permanent residence on a conditional basis. The Petition to Remove the Conditions on Residence must then go to the director under 8 CFR part 1216, as 8 CFR 1240.11 explains. Our team also handles removal of conditions on green cards.

Each step has its own forms and deadlines. Keep copies of the order, the notices and every filing. The steps take time, so organized records help at each stage.

When an order of removal has been entered

If an order of removal has been entered, the appeal to the Board of Immigration Appeals generally must be filed within 10 calendar days. 8 CFR 1003.38 sets that deadline. The count starts from the oral decision or from the mailing or electronic notice of a written decision. If the last day falls on a weekend or legal holiday, the deadline moves to the next business day.

The Notice of Appeal, Form EOIR-26, must come with the fee or an Appeal Fee Waiver Request, Form EOIR-26A. Without one of them filed within the specified time period indicated in paragraph (b) of 8 CFR 1003.38, the appeal is not properly filed. The decision then stands as final. Any issue not raised in the notice is deemed waived. A person must also give written notice of an address change on Form EOIR-33 within five working days.

An in absentia order carries extra risk. BIA appeals are one of the areas our team handles.

Common questions about green cards in removal cases

Some people can get a green card through relief granted in removal proceedings. No one is automatically eligible, though.

Talk with our team about your situation

If a removal case is pending, an order has been entered, or a relative is in court, you may feel pressed for answers. Talking through your facts with our team can show which relief might fit. Bring your notices, orders and filing dates to the conversation.

You can reach the firm through the contact page, by phone, by WhatsApp, or by booking a paid consultation. The team will review your facts before discussing next steps. Each case turns on its own facts.