Can I Apply for a Green Card While in Removal Proceedings?
Can I Apply for a Green Card While in Removal Proceedings?
Facing removal (deportation) proceedings can be overwhelming. Many individuals worry that once their case is in immigration court, they no longer have options to remain in the United States. One common question is whether it is still possible to apply for a green card while in removal proceedings. The answer is: in many situations, yes — but the process can be more complex.
At Aegis Law, LLC, we provide legal assistance to immigrants to the United States and help individuals understand their options when they are placed in immigration court.
What Are Removal Proceedings?
Removal proceedings begin when the Department of Homeland Security (DHS) files a Notice to Appear (NTA) with the immigration court. This document outlines the government’s claims and the legal basis for seeking removal from the United States.
Once proceedings begin, your case is handled by an immigration judge. While this may feel like the end of the road, immigration court can also be a place where certain forms of relief — including lawful permanent residency — may still be available.
Can You Apply for a Green Card in Immigration Court?
In some cases, individuals in removal proceedings can apply for a green card through a process known as “adjustment of status.” However, eligibility depends on several factors, including:
- Having an approved immigrant petition (such as through a U.S. citizen spouse or employer)
- Being eligible to adjust status under immigration laws
- Not being barred due to criminal history, fraud, or prior immigration violations
If you qualify, the immigration judge — rather than USCIS — will decide your adjustment of status application.
Common Pathways to a Green Card During Removal Proceedings
Several situations may allow someone in removal proceedings to pursue lawful permanent residency:
Marriage to a U.S. Citizen
If you are married to a U.S. citizen and can prove the marriage is bona fide, you may be eligible to apply for a green card in court.
Family-Based Petitions
An approved petition filed by a qualifying family member may provide a pathway to adjustment, depending on visa availability and other eligibility requirements.
Employment-Based Petitions
In limited cases, employment-based options may still be available if proper petitions have been filed.
Asylum or Other Relief Leading to Permanent Residence
Individuals granted asylum may later apply for a green card after meeting certain requirements.
What If You Entered Without Inspection?
If you entered the United States without inspection, adjustment of status can be more complicated. Some individuals may qualify for waivers or other
forms of relief, while others may need to pursue consular processing outside the country — which can carry risks if removal proceedings are pending.
Because these cases involve strict legal requirements and potential bars to reentry, careful legal analysis is critical.
The Importance of Timing and Strategy
Immigration court procedures are complex. Deadlines, documentation requirements, and eligibility standards must be handled carefully. Filing the wrong application — or missing a key requirement — can result in denial and an order of removal.
A strong legal strategy may include:
- Requesting that the immigration judge allow time for a petition to be approved
- Asking DHS to join in a motion to terminate proceedings if appropriate
- Seeking administrative closure in certain circumstances
- Preparing thorough documentation to support eligibility
Each case is unique, and the right approach depends on your immigration history and current circumstances.
How Aegis Law, LLC Can Help
If you are in removal proceedings and believe you may qualify for a green card, you should not assume that your case is hopeless. Many individuals have successfully adjusted their status while their cases were pending before an immigration judge.
At Aegis Law, LLC, we provide legal assistance to immigrants to the United States by evaluating eligibility, preparing applications, and representing clients in immigration court. Careful preparation and informed advocacy can make a significant difference in the outcome of your case.









