Facing removal (deportation) proceedings can be one of the most stressful experiences for an immigrant in the United States. Many individuals in this situation wonder whether they still have options to remain in the country legally. One common question is: Can I apply for a green card while in removal proceedings?

The answer is yes—under certain circumstances, it may be possible. However, the process is complex and requires careful legal strategy. At Gurian Group, P.A., we provide legal assistance to immigrants to the United States and help clients understand their

options when facing immigration court.

Understanding 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 claim that a person is removable under U.S. immigration law.

Once proceedings begin, your case is handled by an immigration judge rather than U.S. Citizenship and Immigration Services (USCIS), unless specific exceptions apply. This change in jurisdiction is important when considering a green card application.

Can You Adjust Status in Immigration Court?

In many cases, individuals in removal proceedings can apply for adjustment of status (a green card) before an immigration judge. To qualify, you must generally:

• Have an approved immigrant petition (such as a family-based or employment-based petition)
• Have a visa immediately available
• Be admissible to the United States
• Meet all other eligibility requirements

If eligible, the immigration judge has the authority to review and approve your green card application as a defense to removal.

Common Scenarios That May Allow a Green Card Application

Several situations may allow someone in removal proceedings to pursue permanent residency:

Marriage to a U.S. Citizen
If you marry a U.S. citizen, you may be eligible to apply for a green card. However, you must prove the marriage is genuine and not entered into solely for immigration purposes. Additional scrutiny often applies when the marriage occurs after removal proceedings have begun.

Family-Based Petitions Filed Before Certain Deadlines
Some individuals may qualify under older immigration laws, such as Section 245(i), if a qualifying petition was filed before April 30, 2001.

Employment-Based Petitions
In limited cases, individuals with approved employment-based petitions may adjust status if they meet all requirements.

Asylum or Other Humanitarian Relief
If granted asylum or certain other forms of relief, you may later become eligible to apply for a green card.

When You May Need a Waiver

If you are considered inadmissible due to unlawful presence, prior immigration violations, criminal history, or misrepresentation, you may need to apply for a waiver. Waivers can be difficult to obtain and often require strong supporting evidence, such as proof of hardship to qualifying family members.

Risks and Challenges

Applying for a green card while in removal proceedings is not automatic and involves legal risks. Mistakes in documentation, missed deadlines, or incomplete evidence can negatively impact your case. Additionally, if the judge denies your application, you could face a removal order.

Because immigration court procedures differ significantly from USCIS applications, legal guidance is critical.

How Gurian Group, P.A. Can Help

Each immigration case is unique. Determining whether you can apply for a green card during removal proceedings depends on your personal history, immigration status, and available petitions.

At Gurian Group, P.A., we assist immigrants in evaluating their eligibility, preparing adjustment of status applications, seeking waivers when necessary, and presenting strong cases before the immigration court. Taking prompt action can make a meaningful difference in your case.