J. Molina Law Firm

Adjustment of Status in Immigration Court

Applying for adjustment of status in immigration court allows certain non -US citizens to apply for a green card without returning home for consular processing. Before you can do an adjustment of status in immigration court, check your eligibility. Common eligibility conditions are:

Who Can Apply?

If you are a U.S. citizen’s closest family member; if you have a job offer and (if needed) an approved labor certification; or if you have a viable claim for asylum, refuges, and humanitarian programs, you may be eligible to apply for an Adjustment of Status.

Admissibility & Legal Entry

Admission to the US is required. Inadmissibility due to criminal past, immigration infractions, or health difficulties may require a waiver. You must usually be legitimately admitted or paroled in the US. Section 245(i) of the Immigration and Nationality Act allows exclusions for certain people to be eligible for Adjusment of Status.

Begin the process

If you are looking to do an adjustment of status in immigration court, you’re likely in deportation proceedings. You must petition an immigration judge to change your status. Immigration courts usually accept Form I-485, Application to Register Permanent Residence or Adjust Status. Include proof of eligibility (like a marriage certificate or job offer), legal entry, medical exam results, and any other papers that are needed.

Your case will be heard by a judge. The first hearing covers the schedule and the process. At the individual meeting, you share your case, show proof, and give testimony. Gather all the information and support documentation you need for your application. Work with your lawyer to get ready for your statement and to answer questions from the judge and the government attorney.

Make your case. Tell the immigration court about your case during the one-on-one meeting. It is part of this to give proof, answer questions, and even call witnesses. Your lawyer will help you get approved and show that you are eligible.

The decision will be made by your immigration judge after they look at your case. The judge can say yes or no or ask for more proof or information. Throughout the process, it is best to work with an experienced visa lawyer. An expert can help you understand complicated legal processes and make the best case for you.

Adjusting status in immigration court is a complex and often lengthy process that requires careful preparation and a thorough understanding of immigration law. Seeking legal assistance, staying organized, and being proactive in gathering and presenting your evidence are crucial steps to improve your chances of a successful outcome.

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