For most people in removal proceedings, the Immigration Judge has jurisdiction over adjustment of status. Prima.Law organizes the underlying petition, Form I-485 and the court filing.
The IJ has jurisdiction over adjustment for most people in removal proceedings, including administratively closed cases. USCIS keeps most arriving alien cases.
The IJ hears an arriving alien's I-485 only if all five USCIS criteria are met, including a denied I-485 filed before travel on advance parole.
Form I-485 filed with the Immigration Court, an approved basis such as Form I-130 or I-140, and Form EOIR-28 for the attorney.
Do not refile an I-485 filed with EOIR at the USCIS Lockbox. Fees go through the EOIR Payment Portal, and DHS biometrics instructions apply.
Adjustment of status lets an eligible person in the United States become a lawful permanent resident without leaving. For most people in removal proceedings, including administratively closed cases, the Immigration Judge has jurisdiction over the adjustment application. USCIS keeps jurisdiction over most people placed in proceedings as arriving aliens.
The Form I-485 is filed with the Immigration Court, not the USCIS Lockbox, and fees go through the EOIR Payment Portal. The applicant follows DHS biometrics instructions, and the judge decides eligibility and discretion at the individual hearing.
General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.
The underlying I-130 or I-140 moves at USCIS while the I-485 sits with the court, and staff juggle receipts, priority dates and hearing dates.
How Prima.Law helps: Track the petition receipt with USCIS status alerts and priority dates alongside the court case, and import Immigration Court data from EOIR with the Chrome extension.
Arriving alien cases and prior travel on advance parole raise whether the judge or USCIS decides, and filing in the wrong place costs time.
How Prima.Law helps: A court adjustment template built by active immigration lawyers adds jurisdiction review as workflow steps, with tasks assigned before Form I-485 is prepared for the court.
Birth records, passports, Form I-864 sponsor evidence and the medical exam arrive slowly, and the court sets firm filing deadlines before the hearing.
How Prima.Law helps: The detailed, proven checklist, built by active immigration lawyers, lists every civil, sponsor and medical document. Clients upload to it in the portal and staff mark items complete.
Track the underlying I-130 or I-140 and the court I-485 together, with USCIS receipt alerts and priority dates where a preference category applies.
Fill the I-485 and supporting forms from respondent and petitioner profiles, with Reverse Autofill keeping edits in sync and addendum pages for overflow.
Clients upload birth certificates, passports and sponsor documents to the checklist, and see USCIS receipt statuses for the underlying petition.
Assemble the I-485, approval notice and exhibits into a paginated court package with table of contents, proof of service and A-Number footer.
Confirm the IJ, not USCIS, has jurisdiction, applying the arriving alien rules in the USCIS Policy Manual.
Get the underlying petition, such as Form I-130 or I-140, approved by USCIS, or confirm another basis to adjust.
File Form I-485 with the Immigration Court, pay through the EOIR Payment Portal and follow DHS biometrics instructions.
The Immigration Judge decides eligibility and discretion at the hearing. Either party may appeal to the BIA.
LPR and non-LPR cancellation on Forms EOIR-42A and EOIR-42B
Motions to reopen and reconsider, with EOIR time and number limits
Form EOIR-26 appeals to the BIA, with the 30-day deadline and briefs
All removal defense case types in Prima.Law.
Book a demo and see how Prima.Law handles Adjustment in Immigration Court cases.