Adjustment of Status During a Non-Detained Removal Case
If you are in removal proceedings but have not been detained, you may still be eligible to apply for adjustment of status to become a lawful permanent resident. The process requires coordination between the immigration court and United States Citizenship and Immigration Services (USCIS) and requires meeting specific eligibility criteria. Our immigration lawyers can help you understand how these two proceedings intersect and what steps to take.
Jurisdiction and Initial Steps
When removal proceedings are active, the immigration judge generally holds jurisdiction over adjustment of status applications rather than USCIS. Filing correctly from the start is important because submitting to the wrong agency can cause significant setbacks:
- Determine where to file your application: Once a Notice to Appear (NTA) has been filed with the immigration court, the judge typically takes over jurisdiction, meaning your Form I-485 must be submitted to the court rather than directly to USCIS.
- Attend your initial master calendar hearing: Cases in South Florida are heard at the Immigration Court in Miami, which handles matters for individuals living in Boca Raton and throughout Broward and Palm Beach counties.
- Gather supporting evidence early: Financial sponsorship documents, identity records, and proof of an eligible family or employment-based petition should be organized well before your next court date.
Eligibility Requirements
Not everyone in removal proceedings qualifies for adjustment of status. Several conditions must be satisfied before an immigration judge will consider the application:
- An approved immigrant visa petition (like an I-130) or a qualifying basis
- Lawful admission or parole into the United States
- No disqualifying bars to adjustment, such as criminal convictions, immigration fraud findings, or prior removal orders
Process for Non-Detained Individuals
Because you are not detained, your case will be placed on a non-detained docket, which typically involves longer gaps between hearings. Immigration courts schedule these matters separately from detained cases, and in Miami, the wait times can extend for several months.
Hearings
Master calendar hearings address procedural matters, such as pleadings and the relief you plan to pursue. Individual merits hearings are scheduled later, and that is where the judge reviews your adjustment application and supporting documentation in full.
Continuation or Motion to Terminate
In some situations, the immigration judge may grant a continuance to allow USCIS to process a pending visa petition. Alternatively, if USCIS approves your adjustment application before the case concludes, our attorneys may file a motion to terminate removal proceedings entirely.
Biometrics and Medical Exam
USCIS requires biometrics for background checks, and you will receive a notice directing you to a local Application Support Center for fingerprinting. You must also complete a medical examination with a USCIS-designated civil surgeon before your adjustment application can be finalized.
Under the Immigration and Nationality Act, an immigration judge has the authority to consider applications for relief from removal, including adjustment of status, during the course of proceedings. Meeting all statutory requirements and presenting complete, well-organized evidence directly impacts how the court evaluates your request.
Finalizing Your Adjustment of Status and Closing Removal Proceedings
If you are facing removal proceedings in South Florida, call Robert M. Bell, PA, at (954) 241-4209 or contact us online to schedule a consultation with our Boca Raton immigration lawyers, who will assess your eligibility, prepare your application thoroughly, and represent you at every hearing with the attention your case demands.