According to data provided by United States Immigrations and Customs Enforcement (ICE), approximately 1 million people are deported from the country each year. If you or your loved one is facing removal, it is normal to feel stressed out, even overwhelmed. A proactive approach is a must and it is important to know that you can raise a defense against deportation in immigration court. Adjustment of status is one of the most common defenses against deportation and it may be an option in your case. Within this article, our Austin deportation defense lawyer provides a comprehensive guide to raising an adjustment of status defense against removal.
What is Adjustment of Status?
United States Citizenship and Immigration Services (USCIS) explains that adjustment of status is a “process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States.” It is most often used by people who have or had a visa and have become eligible for a green card through family, employment, asylum, or other categories. It is also often used by Cubans in what is a special protection under the Cuban Adjustment Act. Notably, approval of an application through an adjustment of status grants lawful permanent residency.
Adjustment of Status May Be a Defense Against Removal
Adjustment of status may be used as a defense against removal (deportation). It is not a viable option in every case, but it is certainly a defense that is worth exploring for some people. If a person is in removal proceedings but becomes eligible for a green card, perhaps through marriage or through an employment petition, they can request adjustment of status as a form of relief.
An adjustment of status is a proactive defense. Raising an adjustment of status defense requires filing Form I-485 with the immigration judge. A person raising this defense will, of course, need to prove their eligibility under the law. To be clear, an immigration court has the authority to grant adjustment of status, even for people who are otherwise deportable. The court will only allow this defense for immigrants who meet all requirements and merit favorable discretion.
Note: Adjustment of status can “cure” certain types of immigration violations (such as unlawful presence) if the applicant qualifies under special provisions like INA § 245(i) or immediate relative exceptions. If you have any questions about this, our Austin deportation defense lawyer can help.
How to Raise Adjustment of Status as a Deportation Defense
Are you considering adjustment of status as a defense against removal for yourself or your loved one in Texas? Here is an overview of key things to know about raising the defense:
- Determine Your Eligibility: Adjustment of status is not the right defense for every deportation case. To start, you should confirm that you qualify for adjustment of status. Some of the most common eligibility categories include: A) Immediate relative of a U.S. citizen (spouse, parent, or unmarried child under 21), B) Beneficiary of an approved family or employment-based petition, or C) Humanitarian grounds (asylum, Cuban Adjustment, Act, U Visa, VAWA, etc).
- File and Submit Form I-485 with the Immigration Court: When in removal proceedings, in most cases, you cannot file Form I-485 directly with USCIS. Typically, you can file for an adjustment of status with USCIS when you are not using it as a defense against deportation. However, if deportation is already started, most often you need to submit your adjustment application to the immigration judge. A successful I-485 petition requires all relevant supporting documentation.
- Attend Master and Merits Hearings: Your case will go through one or more hearings if you are raising adjustment of status as a deportation defense. Master and Merits hearings are both common in these cases. A Master Calendar Hearing is a preliminary court hearing in which the judge might sets deadlines and schedule other hearings. On the other hand, a Merits Hearing is a hearing where the judge evaluates your application and hears evidence. A Texas deportation defense attorney can help.
- Address Any Grounds of Inadmissibility: If you are inadmissible, you may need a waiver to adjustment your status. It is an issue that must be addressed head on in removal cases. You may need to complete and submit Form I-601 and/or I-212. Further, you may need to provide documentation of hardship and/or rehabilitation. Your Texas deportation defense attorney can help you put together the strongest possible application.
All Other Defenses Against Deportation Should Be Explored as Well
Adjustment of status is certainly not the right defense strategy for every removal case. It is one option that may be available and should certainly be explored. Still, not every person who is facing deportation can adjust their status to get a green card. An Austin immigration attorney can help you evaluate every potential strategy to stop the deportation. Other defenses, such as asylum, cancellation of removal, or immigration waivers, may apply depending on your circumstances. All deportation matters should be defended on a case-by-case basis.
Why People and Families Rely on J. Sparks Law for Deportation Defense in Texas
There are few things more stressful, intimidating, and overwhelming than facing the risk of deportation from the United States. As scary of a prospect as it can be, there is good news: You have the right to raise a defense. Adjustment of status is just one potential defense against deportation. At J. Sparks Law, PLLC, our team provides solutions-focused deportation defense representation. We can help you evaluate adjustment of status and all other potential defenses against removal. Our client reviews and case results tell the story best. Your initial consultation with our Texas deportation defense lawyer is confidential and free from any additional obligations.
Contact Our Austin Deportation Defense Attorney Today
At J. Sparks Law, PLLC, our lawyers fight tirelessly to protect our clients from removal. If you have any questions or concerns about raising an adjustment of status defense against deportation, please do not hesitate to contact us for a completely private, no obligation initial consultation. From our immigration office in Austin, we provide deportation defense services throughout the region in Texas. Many of our clients include residents of Georgetown, Round Rock, Leander, Cedar Creek, Bastrop, and San Marcos.