How Does Adjustment of Status Work as a Defense Against Deportation?

Are you or a loved one facing removal from the United States? As stressful and frustrating as it can be, it is important to remember that you still have options available. You can raise a defense against deportation if you act in a timely manner. An adjustment of status is one potential defense option. Here, our Virginia deportation defense attorney provides an overview of the key points to know about using adjustment of status as a defense against removal.

What is Adjustment of Status? 

United States Citizenship and Immigration Services (USCIS) explains that adjustment of status is a legal process that allows a noncitizen already in the United States to apply for lawful permanent residence without leaving the country. It converts an eligible temporary or undocumented presence into permanent resident status through a formal application. In the context of an active and ongoing removal proceeding, adjustment of status is treated as a request for relief from deportation. If adjustment is granted, removal proceedings are terminated.

Eligibility for Adjustment of Status is Narrow and Highly Fact-Specific 

To be clear, adjustment of status is not a viable defense against deportation in every case. Indeed, not every person in removal proceedings may seek adjustment. The respondent must have an approved or immediately approvable immigrant visa petition and a visa number available at the time of adjudication. Beyond that, he or must also be admissible to the United States. Prior unlawful entry, immigration fraud, criminal convictions, or periods of unlawful presence can bar adjustment. Some bars may be waived, others cannot. The specific circumstances always matter.

Understanding the Adjustment of Status Defense Through a Hypothetical Example

Imagine that a foreign national moves to Northern Virginia on a student visa. He or she never actually leaves the country when that visa expires. That is an overstay and would make the immigration removable from the United States. However, imagine that in this case, several years later, the person marries a U.S. citizen. The citizen spouse then files an immigrant petition that is approved. Before the noncitizen can file affirmatively for a green card, immigration authorities initiate removal proceedings based on the overstay. In immigration court, the respondent requests adjustment of status as relief from removal. That would potentially be a successful defense against deportation based on an adjustment of status.

The Bottom Line: Adjustment of status can be a powerful defense against deportation, but it is not a fallback option. It requires precise eligibility analysis, careful timing, and persuasive presentation before the immigration court. A top-rated Virginia deportation defense attorney can help.

Contact Our Virginia Deportation Defense Lawyer Today

At Escobar Law Offices, our Virginia deportation defense attorney is a strong, knowledgeable advocate for clients. If you have any questions about raising an adjustment of status defense, we can help. Contact us today to set up a completely confidential, no commitment case review. From our Annandale office, we handle deportation cases throughout the region in Northern Virginia, including in Arlington, Alexandria, Fairfax, and Falls Church.

Source:

uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status