If you’re married to a U.S. citizen but also in removal proceedings, navigating the path to a marriage-based green card can feel overwhelming. However, if your removal case was administratively closed, you’re one step closer to resolving your immigration status and securing your green card.
In this blog, we’ll guide you through the process of getting your marriage green card after your removal proceedings were administratively closed.
What Does Administrative Closure Mean?
First, it’s important to understand what it means if your removal proceedings were “administratively closed.” This term refers to a temporary pause in your removal case. Your case isn’t dismissed—it’s just on hold. To continue with your green card application, you’ll need to reopen and dismiss your removal case in immigration court.
- 130 Petition Filing with USCIS
The first step in your marriage green card process is filing an I-130 petition. Your U.S. citizen spouse will need to submit Form I-130 (Petition for Alien Relative) along with supporting documents to prove your bona fide marriage. Once the I-130 petition is approved, you can typically request the immigration court to reopen and dismiss your administratively closed removal case. This allows you to move forward with the rest of your marriage green card or immigrant visa application.
- Recalendar and Dismiss Your Removal Case
Before anything else, your first step is to file a motion to recalendar your removal case. When the immigration court grants a motion to recalendar, the court will put your case back on its active docket. Then you must request that the immigration judge dismiss the removal proceedings entirely. This step is crucial because, without dismissal, your case remains pending, and you won’t be able to move forward with the green card process.
An experienced immigration attorney can help you navigate this part of the process, ensuring your case is dismissed so you can continue your path to legal permanent residency.
After your removal proceeding is terminated, then you will proceed with either adjustment of status in the United States or consular processing.
- Adjust Your Status – If You Entered with a Visa
If you originally entered the U.S. with a valid visa (such as a tourist or work visa), you’re eligible to apply for a green card through adjustment of status. This process allows you to become a permanent resident without leaving the United States. You’ll file Form I-485 (Application to Register Permanent Residence or Adjust Status).
Since you’ve already gone through removal proceedings, it’s essential to work with an attorney to ensure you meet all the necessary legal requirements for adjustment of status.
- Consular Processing – If You Entered Without a Visa
If you entered the U.S. without a visa or other legal documentation, your green card process will likely involve consular processing. This means you’ll need to apply for your marriage-based immigrant visa at a U.S. embassy or consulate abroad. However, before you can do this, you’ll need to apply for and get approval for a 601A waiver.
The 601A waiver forgives unlawful presence in the U.S., allowing you to leave the country to complete consular processing without being barred from re-entry. Once the waiver is approved, you can proceed with your consular interview at a U.S. embassy or consulate in your home country.
Important Considerations
Remember, administrative closure doesn’t mean your removal case is finished—it’s just paused. You need to take the proper legal steps to reopen and dismiss the case before continuing your green card journey. Additionally, each green card process (whether through adjustment of status or consular processing) requires thorough preparation and documentation. Consulting with an immigration lawyer is highly recommended to avoid any delays or mistakes.
Getting married while in removal proceedings can complicate your green card journey, but with the right legal steps, it’s entirely possible to become a lawful permanent resident. Whether you’re adjusting your status or going through consular processing, the first step is reopening and dismissing your removal case. After that, you can continue your green card application and, hopefully, soon enjoy life as a U.S. permanent resident.
Need help with your case? Contact us today for expert guidance and personalized legal support to navigate your green card process after administrative closure.
