Outline of Important Topics:

1. Eligibility for Adjusting Status as an Undocumented Immigrant
   • Common misconceptions about eligibility during removal proceedings.
   • Reasons undocumented immigrants might still be eligible for adjustment of status.
2. What It Means to Adjust Status in the U.S.
   • Explanation of adjustment of status vs. consular processing.
   • Criteria for eligibility to adjust status within the U.S.
3. Special Considerations Under I.N.A. Section 245(i)
   • Description of Section 245(i) and its relevance to some undocumented immigrants.
   • Specific conditions under which Section 245(i) can be applied.
4. Processes in Immigration Court Removal Proceedings
   • Differences in the process of adjustment of status when handled by USCIS vs. immigration court.
   • Specific requirements and higher burden of proof in immigration court, especially in cases of marriage.

Adjusting Status as an Undocumented Immigrant in the U.S.

Navigating the U.S. Immigration System as an Undocumented Immigrant
If you’re an undocumented immigrant in the U.S. who has been arrested or placed in deportation proceedings, applying for a green card through a family member might seem like an unlikely option. Since you probably thought you’d be ineligible, you might wonder, “Wouldn’t I have applied for it already if I could?” Surprisingly, some undocumented immigrants find themselves eligible to adjust their status through a U.S. citizen or permanent resident family member, even during removal proceedings. This could be due to newly realized eligibility or fortunate timing, such as a recent marriage or available priority date.

Understanding Adjustment of Status

Adjustment of status means applying for lawful permanent resident (LPR) status while already in the U.S. Unlike consular processing, which is done from abroad, this process is exclusive for those physically present within the states. However, this is not an option for every immigrant. For example, you must have made a lawful entry into the U.S., meaning you were inspected and admitted at the border. Moreover, you must be admissible, have an immediately available visa number, and possess an approved visa petition filed on your behalf by a qualifying relative like a U.S. citizen or LPR.

Meeting the Eligibility Criteria

To adjust status, meeting certain requirements is crucial:

1. Lawful Entry: You need to have been inspected and admitted at a U.S. port of entry unless you’re covered by special rules, such as Section 245(i).
2. Admissibility: You must not be barred from entry for specific reasons.
3. Qualifying Relative: A U.S. citizen or LPR must file a visa petition for you.
4. Immediate Visa Number: Your priority date must be current.
5. No Major Violations: You shouldn’t have significant immigration violations, though exceptions exist, particularly for unauthorized employment if married to a U.S. citizen.

Section 245(i): A Glimmer of Hope

Section 245(i) provides a lifeline for certain undocumented immigrants who did not enter the country lawfully or have violated their status. You can still adjust status if you’re a beneficiary of a visa petition or labor certification filed on or before April 30, 2001. This petition must either be approved or “approvable when filed.” If your petition was filed between January 14, 1998, and April 30, 2001, you must also prove your physical presence in the U.S. on December 21, 2000. If you meet these conditions, this old law can offer a rare opportunity to adjust your status.

The Immigration Court Process

When applying for adjustment before an immigration judge, the process diverges from the typical USCIS procedure. In these cases, USCIS processes the I-130 Petition for Alien Relative, while the immigration judge reviews the I-485 Application to Adjust Status. 

Special rules apply in court. If your adjustment is based on marriage, the burden of proof is higher—you must provide clear and convincing evidence that your marriage is legitimate, especially if it was entered during deportation proceedings. This involves submitting solid documentation and undergoing cross-examination to prove the authenticity of your marriage. 

In ConclusionNavigating the labyrinth of U.S. immigration law as an undocumented immigrant is challenging, but not impossible. Eligibility for adjustment of status might appear out of reach, but various provisions and exceptions can turn the tide in your favor. Understanding the nuances, such as Section 245(i) or the distinctions between USCIS and immigration court handling, underscores the importance of seeking reliable legal advice. Ultimately, with the right information and support, adjusting your status and securing a more stable future can become a reality.