June 23, 2026

Can You Apply for Adjustment of Status in Removal Proceedings?

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

If you or a loved one are facing deportation, receiving a Notice to Appear (NTA) in immigration court is an incredibly overwhelming experience. However, an NTA is not a final deportation order. For many individuals facing removal, a powerful legal pathway known as Adjustment of Status (AOS) can halt deportation and secure a green card right in front of an immigration judge.

Navigating immigration court while adjusting your status requires careful strategy and strict compliance with a shifting legal landscape. Below, the deportation defense team at Cohen, Tucker + Ades breaks down the eligibility criteria, the application process, and what you must do to protect your future in the United States.

Direct Answer: Can You Adjust Status in Immigration Court?

Yes, you can apply for an Adjustment of Status while in removal proceedings. If you meet the legal requirements, an immigration judge has the authority to approve your Form I-485 application, grant you Lawful Permanent Residence (a green card), and effectively terminate your deportation case.

However, unlike standard applications submitted directly to U.S. Citizenship and Immigration Services (USCIS), being in removal proceedings means the Executive Office for Immigration Review (EOIR) immigration court shares control over your case. Resolving it requires navigating both agencies simultaneously.

The Shift: Why an I-485 Denial Now Leads Directly to Court

A growing and deeply distressing trend is impacting families across the country: USCIS is actively denying Applications for Adjustment of Status (Form I-485) and immediately referring those individuals to immigration court.

Under strict agency enforcement policies, USCIS has significantly expanded its issuance of Notices to Appear (NTAs). If USCIS denies your green card application and you do not hold a separate, active nonimmigrant visa (like a valid H-1B or F-1 student status), the agency’s default action is to issue an NTA. This officially triggers the deportation process and transfers your entire file to the immigration court.

While receiving an NTA after a denial is terrifying, it is not the end of your road. In fact, immigration court provides an essential “second look,” allowing an experienced litigator to renew your denied green card application directly in front of an immigration judge.

Who Qualifies for Adjustment of Status During Deportation?

To successfully adjust your status before an immigration judge under Section 245 of the Immigration and Nationality Act (INA), you must meet four primary criteria:

A Lawful Entry: You must have been “inspected and admitted or paroled” into the U.S. (such as entering with a valid tourist, student, or work visa, even if it later expired).
- The 245(i) Exception: If you entered without inspection (unlawfully), you may still qualify if a qualifying family or employment petition was filed on your behalf on or before April 30, 2001.
An Approved or Pending Form I-130: You must have an immediate relative (a U.S. citizen spouse, parent, or adult child) who has filed a Form I-130 (Petition for Alien Relative) for you.
An Immediately Available Visa: If you are an immediate relative of a U.S. citizen, a visa is always available. For other family-sponsored categories, your priority date on the Department of State Visa Bulletin must be current.
Admissibility to the U.S.: You must not have criminal convictions, prior immigration fraud, or security violations that bar you from residency. If a bar does exist, you must file a 212(h) or 212(i) waiver of inadmissibility to ask the judge to forgive the violation.

The Step-by-Step Court Process

Filing for a green card in immigration court requires precise timing. Filing with the wrong agency or missing a deadline can result in an immediate order of deportation.

1.File Form I-130 with USCIS

Step 1: Establish the Relationship.

Your qualifying family member must submit the Form I-130 petition directly to USCIS. The immigration judge cannot approve the underlying family relationship; only USCIS holds this authority.

2.Notify the Immigration Judge

Step 2: Request a Continuance.

At your Master Calendar Hearing (the initial, procedural court date), our attorneys notify the judge and the Immigration and Customs Enforcement (ICE) trial attorney of the pending I-130, requesting a “continuance” (a rescheduled future court date) to give USCIS time to review the petition.

3.Pay Fees and File Form I-485

Step 3: Submit to the Court.

Once the I-130 is approved (or concurrently, depending on the judge), you must pay the I-485 filing fee via the EOIR Payment Portal. The hard-copy Form I-485, fee receipts, and biometrics confirmations are then formally filed directly with the Immigration Court.

4.The Individual Hearing

Step 4: Presenting Your Case.

The judge will schedule an Individual Merits Hearing (your actual trial). Our legal team will help you present supporting evidence, prepare your testimony under oath, and defend against cross-examination by the government’s prosecutor. The judge then decides whether to grant your green card as a matter of discretion.

The “Marriage Fraud” Burden of Proof

One of the most frequent pathways to adjustment in court is through a recent marriage to a U.S. citizen. However, the law places a much heavier burden of proof on marriages entered into after deportation proceedings have commenced.

If You Marry Before Removal Proceedings	If You Marry During Removal Proceedings
Standard of Proof: Preponderance of the Evidence (proving it is more likely than not that the marriage is genuine).	Standard of Proof: Clear and Convincing Evidence (a significantly higher legal standard to overcome the presumption of fraud).
Handled through standard interviews at a local USCIS field office.	Requires extensive, undeniable documentation (joint bank accounts, leases, affidavits, photographic histories) and intense scrutiny directly from the immigration judge.

Frequently Asked Questions

Can ICE deport me while my Adjustment of Status is pending?

Generally, if you can demonstrate that you are prima facie (on its face) eligible for adjustment, immigration judges will pause your removal proceedings to give your applications a fair chance to be processed.

What happens if the Immigration Judge grants my adjustment?

If the judge approves your Form I-485, your removal proceedings are officially terminated. You will be a Lawful Permanent Resident, and USCIS will mail your physical green card shortly after.

Do I really need an attorney for adjustment in court?

Yes. The intersection of USCIS and EOIR jurisdiction has been termed “second only to the Internal Revenue Code in complexity.” ICE trial attorneys are trained prosecutors looking to secure a deportation order. Protecting your rights requires an experienced litigator who understands how to thread this legal labyrinth.

Trust a Legacy of Deportation Defense

Since our founding in 1964, Cohen, Tucker + Ades, P.C. has stood at the forefront of deportation defense and immigration litigation. Our partners—Natalia Morozova, Abraham Hamra, Rikki Ades, and Wendy Barlow—bring decades of combined experience handling complex cases that many consider insurmountable.

Facing removal proceedings is a fight for your future. Do not face it alone. Schedule a Confidential Consultation with Cohen, Tucker + Ades today or call our New York office at 212-840-0050.

About the Author

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.

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