Adjustment of Status in Removal Proceedings

Who Decides Your Green Card Case

This is the first thing to understand, because it determines everything else.

Under 8 C.F.R. 1245.2(a)(1), once removal proceedings have commenced, the immigration judge has exclusive jurisdiction over your adjustment application. You cannot simply file Form I-485 with USCIS and wait. The application goes to the court.

There is a meaningful exception. If you are classified as an arriving alien, jurisdiction generally stays with USCIS even though you are in proceedings. Getting this classification right at the outset determines where you file, and filing in the wrong place costs months.

The related question is whether the case should stay in court at all. In some situations, a joint motion to dismiss under 8 C.F.R. 1239.2(c) lets the case be terminated so the client can pursue adjustment with USCIS on the ordinary family immigration track, which is usually faster and less adversarial. Whether DHS will agree depends heavily on current enforcement posture, and the willingness to join such motions has narrowed considerably in recent years. We evaluate it, but we never plan a case around it.

The Core Eligibility Requirements

INA 245(a) sets out four requirements. All four must be met.

You were inspected and admitted or paroled. This is the threshold that stops most cases. Entering on a visa and overstaying satisfies it. Crossing the border without inspection does not. Parole, including humanitarian parole and military parole in place, does satisfy it, which is why parole in place is such a powerful tool for military families.

An immigrant visa is immediately available. For immediate relatives of U.S. citizens, meaning spouses, parents, and unmarried children under 21, a visa is always available. For preference categories, the priority date must be current under the Visa Bulletin.

You are admissible. Grounds of inadmissibility under INA 212(a) include certain criminal convictions, prior immigration fraud, unlawful presence, and health-related grounds. Many are waivable through an immigration waiver.

You merit a favorable exercise of discretion. Even with every box checked, adjustment is discretionary. The judge weighs your equities against the negatives.

The Section 245(c) Bars

INA 245(c) bars adjustment for people who worked without authorization, failed to maintain lawful status, or were admitted in transit without a visa. There are two critical carve-outs.

Immediate relatives of U.S. citizens are exempt from most of these bars. A spouse of a U.S. citizen who overstayed and worked without permission can usually still adjust.

For employment-based cases, INA 245(k) forgives up to 180 days of status violations. Beyond that, the bar applies.

Section 245(i) Grandfathering

If a labor certification or immigrant petition was filed on your behalf on or before April 30, 2001, you may be able to adjust under INA 245(i) even if you entered without inspection, by paying a $1,000 penalty fee with Form I-485 Supplement A. This provision is decades old and easy to overlook. We ask every client whether anyone ever filed anything for them, or for a parent, in the 1990s. Families are often unaware that a petition filed for a parent can benefit a child.

Marriage During Removal Proceedings

If you marry while in removal proceedings, INA 245(e) imposes a heightened standard. You must establish by clear and convincing evidence that the marriage was entered in good faith and not for the purpose of obtaining an immigration benefit. That is a higher burden than the preponderance standard applied outside of proceedings.

Practically, this means the evidence package has to be substantially stronger. Joint leases, joint bank accounts with actual activity, insurance policies naming the spouse, photographs spanning the relationship rather than the wedding day, affidavits from people who knew the couple before the NTA, and testimony from both spouses that holds up under cross-examination by a DHS trial attorney.

We tell clients this plainly: a marriage that would sail through a USCIS interview can struggle in immigration court. Prepare accordingly.

Our Process

The Process in Immigration Court

Documents to Assemble

• Passport, birth certificate with certified translation, and any prior visas or entry records
• Form I-94 or other proof of lawful entry, which is the single most important document in the case
• Marriage certificate and termination documents for all prior marriages for both spouses
• Petitioner's proof of U.S. citizenship or permanent residence
• Tax returns and pay records supporting the I-864
• Certified dispositions for every arrest, including dismissals and deferred adjudications
• Bona fides evidence for marriage cases, covering the full length of the relationship

Mistakes That Cost Cases

Assuming a border crossing disqualifies you. It usually does, but not always. Parole in place, advance parole, a 245(i) grandfathered petition, or a documented lawful entry years ago can all change the answer. Do not self-disqualify.

Missing the court's filing deadline. Judges set a call-up date, and applications not filed by that date can be deemed abandoned. This is a hard deadline, not a guideline.

Filing with USCIS when the court has jurisdiction. The application is rejected or sits, and months are lost.

Taking a plea deal without immigration analysis. A conviction entered while the adjustment application is pending can create a ground of inadmissibility that did not exist when the case started. Coordinate with criminal defense counsel before any plea.

Underestimating the discretion analysis. Even a technically eligible applicant can be denied. Build the equities record deliberately: employment history, community involvement, tax compliance, and the impact on U.S. citizen children.

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Hire a Board-Certified Immigration Attorney

Attorney Alfredo Lozano is Board-Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization, and since founding the firm in 2006 he has brought a Marine Corps veteran's discipline, more than 20 years of immigration experience, and a fully bilingual team to every case the firm handles.

Our approach combines personalized counsel with the documentation rigor these cases demand, so your petition is prepared correctly the first time. Board Certification means the state has independently verified his experience, tested his knowledge, and confirmed his standing among peers, which is the kind of assurance that matters when your family's future is on the line.

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Meet

Our Team

Our team includes experienced attorneys, legal professionals, and client-care specialists who share a common commitment: making the immigration process as clear and manageable as possible for every family we serve.

Alfredo Lozano

Managing Attorney

Board-Certified in Immigration and Nationality Law and a Marine Corps veteran who leads every case strategy.

Linda Hamilton

Attorney

Guides families and employers through petitions, waivers, and interviews with steady, detailed advocacy.

Minerva Gonzalez

Legal Assistant

Prepares documentation and keeps every case organized, accurate, and moving forward.

Mayra Juarez

Legal Administrator

Coordinates case management and client communication across our three Texas offices.

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Texas Context

For clients in San Antonio, the non-detained docket means the case will likely span two or more years. That time is usable. Priority dates advance, waivers get prepared properly, and equities accumulate.

Detained clients face the opposite problem. The detained docket in South Texas moves in weeks, which means the I-130 approval timeline becomes the binding constraint. In those cases a bond hearing is often the necessary first step, because release converts an impossible schedule into a workable one.

In Eagle Pass and Maverick County, many clients have decades of presence but sparse formal documentation. We build entry and residence evidence from school records, parish registries, clinic files, and remittance receipts. In San Angelo, distance to the court and to civil surgeons requires early scheduling, because a medical exam booked late is a continuance.

Speak With a Board-Certified Immigration Attorney

Adjustment of status in removal proceedings is winnable, and it is technical. The entry document, the 245(c) analysis, the marriage evidence standard, and the court's filing deadline all have to be handled correctly the first time.

Schedule your free consultation with Alfredo Lozano. The Lozano Law Firm is veteran-owned and bilingual, with offices in San Antonio, Eagle Pass, and San Angelo. Mr. Lozano is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization and a member of the American Immigration Lawyers Association. Learn more about our deportation defense practice or our locations.

Adjustment of Status in Removal Proceedings FAQs

Lozano Law Firm focuses exclusively on the practice areas listed above. We do not handle asylum or criminal immigration cases. When clients come to us with needs outside our scope, we refer them to trusted colleagues who specialize in those areas. Our referral network includes attorneys who handle asylum claims and criminal immigration consequences, so every person who contacts us receives direction toward the right help.

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