Can Adjustment of Status Block a Deportation?

At Empowerment Legal, PLLC, we are proud to offer deportation defense services. Any noncitizen in removal proceedings must move fast. There are certain defenses you can raise, and adjustment of status is one. If successful, you can receive a green card and stay in the U.S. as a lawful permanent resident who has the right to work. However, the current administration is making it harder to receive this form of discretionary relief, so you should hire an established law firm to assist you.

What is Adjustment of Status?

Individuals who are physically present in the U.S. might adjust their status if they meet strict eligibility requirements. Adjustment of status is the process by which you can become a lawful permanent resident while being in the U.S.

Those who are in removal proceedings can file for adjustment of status as a defense directly before an immigration judge. For example, you might marry a U.S. citizen while your deportation case is pending. You could then file for adjustment of status based on this marriage. If granted, you receive a green card and may continue to live (and work) in the U.S. legally.

Why Adjustment of Status is Discretionary

The Trump Administration has taken a skeptical approach to existing immigration practices. Countless noncitizens have successfully adjusted their status over the past 50 years. However, recent guidance has emphasized that adjustment of status is discretionary and is an “act of grace.”

An immigration judge will consider all relevant evidence in determining whether to grant adjustment of status. Some positive considerations include your contributions to the community, employment history, and good character. Negative factors include criminal history and an inability to meet family law obligations, including child support.

Work with an Experienced, Skilled Immigration Lawyer

This is not an easy defense to raise in removal proceedings. Working with an attorney, you can:

• Review whether you meet the eligibility requirements for adjustment of status;
• Analyze any bars, such as unlawful presence, criminal convictions, or other proof of bad character;
• Gather sufficient evidence to show why a judge should approve your request;
• Present the defense to the immigration judge and prepare for the USCIS background check, including an interview.

If you marry while in deportation proceedings, a significant issue will be whether your marriage is bona fide or whether you married solely to avoid deportation. Our firm can help with gathering sufficient evidence to prove a real, romantic relationship.

For example, you need to show the duration of the relationship, as well as time spent together. Our firm wants to know what social media evidence you have that proves the relationship, as well as hear from family and friends who can vouch that the relationship is legitimate.

Speak with a Deportation Defense Lawyer for More Information

Defensive adjustment of status is only one defense to raise if you are faced with deportation. There might be better defenses that are more appropriate to your situation. Call Empowerment Legal to speak with a Jacksonville deportation and removal lawyer and review all options.

Source:

uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf