Facing removal proceedings can be one of the most stressful experiences for an immigrant in the United States. Many individuals wonder whether they still have options to remain in the country legally. One common question is whether it is possible to apply for a green card while in removal proceedings. In many cases, the answer is yes—but the process can be complex and depends on your specific circumstances.

At Lively Law Firm, we provide legal assistance to immigrants to the United States and help them understand their rights and available options when facing removal.

What Are Removal Proceedings?

Removal proceedings begin when the U.S. government believes a noncitizen has violated immigration laws and may be deportable. These proceedings take place in immigration court before an immigration judge. During this process, the judge will determine whether the individual can remain in the United States or must be removed.

Being placed in removal proceedings does not automatically mean you have no legal options. In some situations, you may still qualify for lawful permanent residence (a green card).

Can You Apply for a Green Card in Immigration Court?

Yes, some individuals can apply for a green card while their case is pending in immigration court. This is often done through a process called “adjustment of status” as a form of relief from removal.

However, eligibility depends on several factors, including:

• Whether you have an approved immigrant petition (such as a family-based or employment-based petition)
• Whether a visa is immediately available to you
• Whether you entered the United States lawfully
• Whether you qualify for any waivers if there are grounds of inadmissibility

If you are in removal proceedings, the immigration court generally has jurisdiction over your adjustment of status application rather than U.S. Citizenship and Immigration Services (USCIS).

Common Pathways to a Green Card During Removal Proceedings

Several common scenarios may allow someone in removal proceedings to pursue a green card:

Family-Based Petitions

If you are married to a U.S. citizen or have another qualifying family relationship, you may be eligible to apply for adjustment of status. Immediate relatives of U.S. citizens often have more flexibility because visas are immediately available to them.

Employment-Based Petitions

In some cases, an employer may sponsor you for permanent residence. Timing and visa availability are critical in these situations.

Asylum or Other Humanitarian Relief

Individuals who qualify for asylum or other forms of humanitarian relief may eventually become eligible to apply for lawful permanent residence.

Cancellation of Removal

Certain individuals who meet strict requirements may apply for cancellation of removal. If granted, this relief can result in lawful permanent resident status.

Challenges and Risks

Applying for a green card during removal proceedings is not automatic and carries risks. Immigration judges closely review eligibility requirements, and any prior immigration violations or criminal issues can affect your case.

Additionally, if your application is denied, the judge may issue a removal order. That is why it is important to fully understand your eligibility and prepare a strong case.

Why Legal Guidance Matters

Immigration court procedures are complex and time-sensitive. Filing the wrong application, missing deadlines, or failing to present sufficient documentation can negatively impact your case.

At Lively Law Firm, we provide legal assistance to immigrants to the United States. We evaluate each client’s situation carefully and help determine whether applying for a green card during removal proceedings is a viable option.

Understanding your rights and available relief could make a significant difference in your future in the United States.