How to Navigate the Adjustment of Status Process if You’re Already in Removal Proceedings in New Jersey
How to Navigate the Adjustment of Status Process if You’re Already in Removal Proceedings in New Jersey
If you are currently in removal proceedings, we understand that you are likely feeling overwhelmed and unsure about what your options are. Navigating the immigration system can be confusing, especially when you are facing the serious reality of removal proceedings. You may be wondering if there is any way for you to adjust your status and stay in the United States. At this point, you are likely in need of legal guidance, and that’s where we come in. We at The Scheer Immigration Law Group are here to help you. We empathize with your situation and understand the stress you are under. This process is complex, but with the right support, you can achieve a positive outcome.
Understanding Removal Proceedings
Before we discuss how to adjust your status, it’s important to understand what removal proceedings are and how they can impact your situation. Removal proceedings, often called deportation proceedings, occur when the U.S. government believes that you do not have the legal right to stay in the United States. This can happen for many reasons, such as being in the country unlawfully, overstaying a visa, or committing certain crimes.
Once removal proceedings are initiated, you will have the chance to present your case before an immigration judge. The judge will determine whether you should be removed from the country or whether you are eligible to stay. This is a critical time in your immigration case, and having a lawyer who understands the process is key to protecting your rights.
Adjustment of Status and Its Importance
Adjustment of status is the process that allows you to apply for lawful permanent residency (a green card) while staying in the U.S. You may be eligible for adjustment of status based on your family relationships, employment, or other factors. However, if you are already in removal proceedings, the process becomes more complicated. In these cases, it is important to know the steps involved and what you need to do to maximize your chances of success.
One of the primary concerns when you are in removal proceedings is whether you can apply for adjustment of status at all. The answer depends on your specific situation. In some cases, it may be possible for you to continue with your application for a green card while your removal proceedings are ongoing. However, there are many factors that can affect your eligibility, and you will need a lawyer to carefully review your case and determine the best course of action.
Eligibility for Adjustment of Status While in Removal Proceedings
When you are in removal proceedings, your eligibility for adjustment of status depends on several factors, including the type of relief you are seeking and your immigration history. There are a few key elements that the immigration judge will consider when determining your eligibility.
First, the judge will look at whether you have a basis for adjustment of status, such as a family member who is a U.S. citizen or permanent resident or a job offer from a U.S. employer. If you have a qualifying relative or employment opportunity, this can increase your chances of being able to adjust your status.
Second, the judge will review whether you have any immigration violations or issues that would prevent you from adjusting your status. If you have overstayed a visa or entered the country unlawfully, you may face additional hurdles. In some cases, you may be able to apply for waivers of certain immigration violations, but these are not always granted and can complicate the process.
The judge will also consider any criminal history. If you have been convicted of certain crimes, it may affect your ability to adjust your status. This is one of the many reasons why it is crucial to have a skilled immigration attorney by your side who can help you understand how these factors impact your case.
How to Apply for Adjustment of Status During Removal Proceedings
If you are eligible for adjustment of status while in removal proceedings, there are several steps you must take to apply. These steps can vary based on your specific circumstances, so it’s important to work closely with an immigration attorney who can guide you through the process.
The first step is to request a hearing before the immigration court. This will allow you to present your case to the judge and explain why you believe you are eligible for adjustment of status. You may be asked to submit documents that show your eligibility, such as proof of a family relationship, a job offer, or other evidence that supports your case.
Once your case is before the judge, they will consider your request for adjustment of status along with any other relief you may be seeking. If the judge determines that you meet the eligibility requirements, they may grant your application and allow you to adjust your status. However, this is not guaranteed, and the judge will carefully review all aspects of your case.
It is important to remember that the adjustment of status process is not a quick or easy one. It can take months or even years to complete, and there may be delays along the way. However, with the right guidance and preparation, you can give yourself the best chance of success
Attorney Susan W. Scheer attended Douglass College at Rutgers University and received her B.A. in 1974. She attended Georgetown University to get her M.A.T. in 1977 and went on to receive her J.D. from Georgetown as well in 1982. Susan is admitted to practice in New Jersey and before the United States Supreme Court.
Susan speaks Spanish, French, Hebrew, and Portuguese.
The Role of Your Attorney in the Adjustment of Status Process
When you are in removal proceedings, it is critical to have an attorney who is knowledgeable about both the immigration process and the removal proceedings process. Your attorney will help you navigate the complex system, ensure that you meet all deadlines, and assist you in gathering the necessary documents to support your case.
An attorney will also represent you in court, presenting arguments on your behalf and advocating for your right to remain in the United States. This is especially important in cases where you may have immigration violations or a criminal history. Your attorney can help you explore options for waivers or other forms of relief that may be available to you.
Additionally, your attorney will work closely with you to ensure that all paperwork is completed accurately and on time. Missing a deadline or submitting incorrect information can result in delays or even the denial of your case. Having a skilled attorney can help you avoid these pitfalls and increase your chances of success.
What to Expect During the Process
The adjustment of status process while in removal proceedings is not something that can be rushed. It requires careful preparation, attention to detail, and persistence. Throughout the process, you can expect multiple hearings and possibly additional paperwork or requests from the court. It’s important to stay patient and to keep in close contact with your attorney to ensure that everything is progressing as smoothly as possible.
You may also experience anxiety during this time, as the uncertainty of your case can be stressful. It is normal to feel concerned about the outcome of your case, but rest assured that having the right legal representation can make a significant difference in achieving a positive result.
If you are in removal proceedings and wish to adjust your status, it’s crucial to have an experienced immigration attorney on your side. The process is complicated, but with the right support, you can navigate it successfully. At The Scheer Immigration Law Group, we are dedicated to helping clients like you achieve the best possible outcome in their immigration cases.
If you are facing removal proceedings and need help with your adjustment of status, we invite you to contact our office for a consultation. Our team understands the difficulties you are facing, and we are here to provide the legal support you need to move forward with confidence.


From the initial consultation to the successful resolution of my case, their commitment to excellence was evident. Scheer Immigration Law Group not only provided legal expertise but also exhibited a genuine concern for my well-being throughout the journey.





