{"id":6378,"date":"2026-11-10T04:06:09","date_gmt":"2026-11-10T04:06:09","guid":{"rendered":"https:\/\/abogadaadrianagomez.com\/resources\/adjustment-of-status\/uscis-interview-adjustment-of-status-removal-proceedings\/"},"modified":"2026-11-14T03:15:41","modified_gmt":"2026-11-14T03:15:41","slug":"uscis-interview-adjustment-of-status-removal-proceedings","status":"publish","type":"page","link":"https:\/\/abogadaadrianagomez.com\/resources\/adjustment-of-status\/uscis-interview-adjustment-of-status-removal-proceedings\/","title":{"rendered":"USCIS Adjustment of Status Interview with Removal Case"},"content":{"rendered":"\n
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Removal Defense & Adjustment of Status<\/p>

Got an USCIS Interview Notice While Your Removal Case Is Open?<\/h1>

Mixed signals from two agencies can put your case at risk. Here is how we approach the situation.<\/p>

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

By Adriana Gomez \u00b7 Published November 9, 2026<\/p>\n\n

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You have an interview notice for your I-485 and an open immigration court case, and you want to know which one decides your application. In general, when you are in removal proceedings, the immigration judge has exclusive jurisdiction over an adjustment application you file. The rest of this page explains how the two tracks fit together and what to prepare.<\/p>\n

Short answer: the I-485 interview and the removal case<\/h2>\n

A USCIS adjustment of status interview and an open removal case can both be active at once. The rules decide which agency holds authority over the application.<\/p>\n

Each applicant for adjustment must be interviewed by an immigration officer. The rule lists a few narrow cases where the interview may be waived, such as a child under 14 (8 CFR 245.6<\/a>). The notice sets the date, time, and office. It does not, by itself, settle who decides the case.<\/p>\n

USCIS generally has jurisdiction over an adjustment application. That changes when the immigration judge has jurisdiction under the court rule (8 CFR 245.2<\/a>).<\/p>\n

Written by Adriana Gomez, responsible lawyer at AG Immigration Law P.A. This page gives general information, not advice on your specific file.<\/em><\/p>\n\n

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If your I-485 interview notice arrived while your removal case is still open, you don't have to sort out both tracks alone. Call our office or message us on WhatsApp to talk it through. 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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Why the immigration court case changes the process<\/h2>\n

The court case matters because it can move the application into the judge’s hands. Adjustment of status<\/a> is one of the main green card pathways. The Migration Policy Institute<\/a> explains that these pathways include adjustment from another status and family or employer sponsorship.<\/p>\n

Adjustment inside the United States is governed by 8 U.S.C. 1255<\/a>. That statute also excludes some people. Subsection (c) bars, other than an alien having an approved petition for classification as a VAWA self-petitioner and with exceptions for immediate relatives and certain special immigrants, a person who is in unlawful immigration status on the filing date (8 U.S.C. 1255<\/a>).<\/p>\n

When you are in removal proceedings, the rule is different. Under 8 CFR 1245.2<\/a>, for a person placed in removal proceedings who is not an arriving alien, the immigration judge hearing the proceeding has exclusive jurisdiction to adjudicate any application for adjustment of status the person may file, while for an arriving alien the immigration judge lacks that jurisdiction unless the conditions in the regulation are met.<\/p>\n

Depends on the facts: your case’s stage and whether the judge holds jurisdiction decide which track moves first. A judge may also continue a case for good cause (8 CFR 1003.29<\/a>). A new date can change your timing, so read the court’s latest orders closely.<\/p>\n

What to bring to the interview<\/h2>\n

Bring papers that show who you are, what you filed, and why you qualify. Keep originals and copies together, in the order listed on your notice.<\/p>\n