Removal Proceedings & Green Card
Ever worried about filing for your green card while facing removal proceedings? You're not alone. While it's possible, it's a tricky process with several steps and hurdles to jump through. Here's what you need to know:
Who Can Apply?
There are two main ways you might qualify:
Family Sponsorship: If you have a qualifying relative like a spouse, parent, or child who can sponsor you, you might be able to file Form I-485.
Employment Sponsorship: If you have a valid job-based immigration petition approved by your employer, this could also make you eligible.
The Courtroom Twist
Normally, you'd file Form I-485 with USCIS. But in removal proceedings, things are different. The immigration judge now has the final say on your green card application. You'll need their approval to move forward.
Here's How It Works:
Check Your Eligibility: First things first, make sure you meet all the requirements to adjust your status. This includes being allowed to stay in the US and having an available immigrant visa.
Get Your Petition Filed (If Needed): If you haven't already, your family member needs to file Form I-130 (for family sponsorship) or your employer needs to file Form I-140 (for job sponsorship).
Prepare Form I-485: Fill out Form I-485 and gather all the supporting documents you need. Don't send it to USCIS yet, though!
Reopening Your Case: You'll need to file a motion with the immigration judge to "reopen" your removal proceedings. This basically asks them to reconsider your case and allow you to apply for a green card. Include your completed I-485 application with this motion.
Individual Hearing: If the judge agrees to reopen your case, you'll get a separate hearing to present your reasons for why you deserve a green card.
The Big Day: At your adjustment of status hearing, the judge will review your I-485 application and evidence. Be prepared to show why you deserve to stay and why your green card should be approved.
Tips for Success:
Get a Lawyer: Considering the complexity of immigration court, a good immigration attorney can be a lifesaver. They can guide you through the process and make sure your application is strong.
Strong Documentation is Key: Gather all the documents that prove your eligibility, like proof of your relationship to your sponsor (if applicable), evidence you're allowed to stay, and anything else that strengthens your case.
Stay on Top of Your Case: Always be aware of your court dates and any updates on your case. Missing a court date can have serious consequences, so stay informed!
The Bottom Line:
Filing Form I-485 during removal proceedings is a complex battle, but it is possible. By meeting the eligibility criteria, building a strong case, and potentially with the help of a lawyer, you can significantly increase your chances of getting approved. If the judge grants your adjustment of status, you'll become a green card holder despite the ongoing removal proceedings.