Denied by USCIS? How to Pursue Adjustment of Status in Immigration Court

By Wendy R. Barlow, Esq. | Partner at Cohen, Tucker + Ades Specializing in Complex Immigration Matters

A growing trend is causing severe distress for immigrant families across the country: USCIS is denying Applications for Adjustment of Status (Form I-485) at higher rates, frequently referring those applicants directly to Immigration Court.

Receiving a Notice to Appear (NTA) and being placed in removal (deportation) proceedings feels devastating. However, a USCIS denial is not necessarily the end of your green card journey. If you are placed in removal proceedings, you often get a second chance to fight for your permanent residency—this time, directly before an Immigration Judge.

Here is an overview of how the adjustment of status process works in Immigration Court, including the latest court filing fees and exactly what you need to know to protect your future.

Why Am I in Removal Proceedings After a USCIS Denial?

When USCIS denies an I-485 application, the agency reviews whether the applicant has a remaining lawful nonimmigrant status (such as a valid H-1B or F-1 visa). If you do not have active legal status, immigration authorities frequently issue an NTA. This officially places you in removal proceedings, transferring jurisdiction over your deportability—and your ability to adjust your status—to the Executive Office for Immigration Review (EOIR), commonly known as the Immigration Court.

The 5-Step Process for Adjustment of Status in Court

When you are in removal proceedings, USCIS no longer has the authority to grant or deny your green card application (with a few narrow exceptions, such as for certain arriving aliens). Instead, the Immigration Judge acts as the sole decision-maker.

The defense process generally unfolds across a multi-step timeline:

Step 1: Notice to Appear (NTA) Issued

You receive an NTA detailing the government’s charges of removability against you. Your case is officially transferred to the Immigration Court database, and a court location is assigned.

Step 2: The Master Calendar Hearing

This is a brief, initial hearing where you appear before the judge alongside your attorney. Your legal team will answer the government’s charges and formally inform the judge that you intend to apply for Adjustment of Status as a defense against deportation.

Step 3: Paying Fees and Submitting Biometrics

Before the court can hear your application, you must pay the required filing fees through the online EOIR Payment Portal and submit your fingerprints (biometrics) to USCIS so background checks can be run.

Step 4: The Individual Merits Hearing

This is your final trial. Your immigration attorney will present robust physical evidence, take your testimony, and answer questions from the government prosecutor and the judge to prove you qualify for a green card.

Step 5: The Judge’s Final Decision

If the Immigration Judge approves your application, the removal proceedings are effectively terminated, and your status is officially adjusted to that of a Lawful Permanent Resident (LPR).

Immigration Court Adjustment of Status Fees

Filing an application in court requires paying specific fees. Following structural changes to court-ordered fee schedules and inflation adjustments, the total government fee for filing a Form I-485 in Immigration Court is significantly higher than a standard filing with USCIS.

Critical Note on Fee Deadlines: All fees must be successfully processed, and a receipt must be presented to the court, before your final Individual Merits Hearing. Failure to prove payment can result in the judge deeming your application abandoned, leading to a deportation order.

Core Eligibility Requirements Before the Judge

To successfully win your green card in front of an Immigration Judge, you must satisfy the exact same underlying legal criteria required by USCIS:

• An Available Immigrant Visa: You must have an approved or concurrently pending underlying petition (like a family-sponsored Form I-130 or employment-sponsored Form I-140) with a current priority date on the Visa Bulletin.

• Lawful Entry: You must generally prove you were inspected and admitted or paroled into the United States (unless you qualify for a narrow exemption, like Section 245(i) protection).

• Admissibility: You must not be legally barred from residency due to specific criminal history, immigration fraud, or certain health conditions. If a ground of inadmissibility exists, your attorney will need to file an accompanying waiver (such as Form I-601).

Why a Court Second Chance Can Be an Advantage

While appearing in front of a judge is incredibly stressful, it provides a powerful advantage: you are given a full evidentiary hearing.

At USCIS, decisions are made on paper by an anonymous officer or after a brief interview, often without giving you a chance to explain complex situations. In Immigration Court, an experienced immigration lawyer can present robust documentation, question witnesses, put your character into proper context, and argue face-to-face against the government counsel to win over the judge’s favorable discretion.

Facing a USCIS Denial? We Can Help.

If your adjustment of status application was recently denied, or if you have already received a Notice to Appear in court, time is of the essence. Missing a court deadline or failing to properly execute court filings can have permanent, severe consequences.

At Cohen, Tucker + Ades, our dedicated removal defense attorneys have spent decades successfully steering families through the complexities of New York’s immigration courts. Contact our office today to schedule a comprehensive evaluation of your case.

Wendy R. Barlow, Esq.is a Partner at Cohen, Tucker + Ades, P.C. with nearly 20 years of experience in high-stakes immigration litigation. A graduate of the Maurice A. Deane School of Law at Hofstra University, Wendy is admitted to practice in New York and New Jersey as well as before the U.S. Supreme Court and multiple Federal Circuit Courts. Wendy is recognized for her ability to handle cases that many consider insurmountable.

Disclaimer: This blog post contains general information and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship between you and Cohen, Tucker + Ades P.C. Immigration laws and fee schedules are subject to frequent change. The information provided herein may not reflect the most current legal developments. You should not act or refrain from acting based on information contained in this post without seeking professional counsel from an attorney licensed in your jurisdiction. Cohen, Tucker + Ades P.C. expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this post.