{"id":4540,"date":"2026-11-08T09:41:04","date_gmt":"2026-11-08T09:41:04","guid":{"rendered":"https:\/\/abogadaadrianagomez.com\/resources\/adjustment-of-status\/file-i-485-while-immigration-court-case-pending\/"},"modified":"2026-11-15T00:32:50","modified_gmt":"2026-11-15T00:32:50","slug":"file-i-485-while-immigration-court-case-pending","status":"publish","type":"page","link":"https:\/\/abogadaadrianagomez.com\/resources\/adjustment-of-status\/file-i-485-while-immigration-court-case-pending\/","title":{"rendered":"Can I File I-485 While My Immigration Court Case Is Pending?"},"content":{"rendered":"\n
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Adjustment of Status | Removal Defense<\/p>

Thinking About Filing an I-485 While Your Court Case Is Pending?<\/h1>

The right filing path depends on your case. Talk with Adriana Gomez at AG Immigration Law P.A. before you file.<\/p>

Book a Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Adriana Gomez \u00b7 Published November 8, 2026<\/p>\n\n

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Short Answer: Can You File Form I-485 While Removal Proceedings Are Pending?<\/h2>\n

Sometimes, but the place you file depends on where your case sits. Can I file I-485 while my immigration court case is pending? Once removal proceedings start, the immigration judge generally has exclusive authority over an adjustment of status application, unless you are an arriving alien; for an arriving alien, the judge has no jurisdiction unless the conditions listed in the rule are met. That can mean the court, not USCIS, is the right place to file. 8 CFR 1245.2<\/a> sets out this rule. 8 CFR 245.2<\/a> explains that USCIS handles these applications unless the judge has jurisdiction.<\/p>\n

Your Notice to Appear, the charges in it, and the current status of your case all shape the answer. A case that is still open may follow a different path than one that has been closed or terminated. Confirm the filing path before you send anything.<\/p>\n\n

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If your removal case is still open and you're unsure whether your green card application can move forward, you don't have to sort it out alone. Contact our office to talk through your situation. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.<\/p>

Schedule a consultation<\/a><\/div><\/div>\n<\/div>\n\n
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What Form I-485 Is and Who It Covers<\/h2>\n

Form I-485 is the application for adjustment of status. It lets an eligible person in the United States apply for a green card without leaving the country. An immigrant visa must also be immediately available when the application is filed.<\/p>\n

Three questions come up in most cases:<\/p>\n