Removal proceedings are among the most stressful experiences in immigration law. If you or your spouse have been placed in removal proceedings while a marriage-based green card case is pending — or even before one has been filed — understanding your options is critical to protecting your future in the United States.

The intersection of removal defense and marriage-based immigration is complex but navigable. If you are already in valid removal proceedings, you may still be eligible to apply for adjustment of status before the Immigration Judge (IJ) rather than USCIS. This is known as defensive adjustment.

Eligibility for defensive adjustment generally requires the same fundamentals as regular AOS: lawful entry (or a valid I-601A waiver), a bona fide marriage to a U.S. citizen or LPR, and no additional grounds of inadmissibility beyond those that can be waived. However, the procedural posture is different — you are simultaneously defending against removal and seeking permanent residence.

Cancellation of removal is another potential form of relief, available to certain non-permanent residents who can demonstrate 10 years of continuous physical presence, good moral character, and that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent, or child. This is an extraordinarily high standard.

Prosecutorial discretion may also be available. In some cases, ICE counsel may agree to administratively close or terminate proceedings while the marriage-based case proceeds through USCIS. This requires skilled negotiation and a well-documented case file.

Timing is everything in removal defense. Deadlines for filing applications and appeals are strict and unforgiving. Missing a deadline by even one day can permanently foreclose a form of relief. This is why retaining experienced removal defense counsel immediately upon receiving a Notice to Appear (NTA) is essential.

Our Fishers, Indiana office handles removal defense cases throughout Indiana and Illinois. We have appeared before the Immigration Courts in Chicago, Indianapolis, and other jurisdictions. If you or a loved one has received an NTA, contact us immediately for a consultation.