Can I file I-485 with the EOIR if the person has a removal case or should I still file the I-485 with the USCIS?

Asked almost 5 years ago - New York, NY

The I-140 of an individual had been approved but is in removal proceedings because he overstayed. Can he file the adjustment of status application in the EOIR or would hy still have to file it with the USCIS

Attorney answers (1)

  1. Dori L. Zavala

    Contributor Level 8

    Answered . Once an individual is in removal proceedings, the Immigration Judge maintains jurisdiction over the adjustment of status case. This means that the I-485 will need to be filed directly with EOIR. The judge will generally review prima facie eligibility for adjustment of status and then set deadlines for filing the I-485 with supporting documents with the court.

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