Can You Adjust Status With a Final Order of Removal?

You can adjust status with a final order of removal, but not while that order is active. In almost every case you must first persuade an immigration judge or the Board of Immigration Appeals to reopen your case and vacate the order; only then can USCIS approve a green card application under 8 U.S.C. § 1255.¹ A narrow exception exists for people classified as arriving aliens, who can file with USCIS directly. Everything else in this process flows from that basic sequence: clear the order, then adjust.

Why the Removal Order Has to Go First

A final order of removal is a legal command to leave the country. While it stands, USCIS will not approve permanent residence, because another arm of the government has already decided you must go. Adjustment of status and an outstanding removal order cannot coexist unless a court formally sets the order aside. The tool for doing that is a motion to reopen your removal proceedings. If the immigration judge (or the Board, depending on where your case ended) grants the motion and vacates the order, the case returns to active proceedings, and adjustment becomes possible.

Reopening an In Absentia Order

Many final removal orders were entered “in absentia” because the person did not appear at the hearing. Federal law treats those orders more forgivingly. Under 8 U.S.C. § 1229a(b)(5)(C), an in absentia order can be rescinded in two situations:²

Exceptional circumstances beyond your control, such as serious illness or a death in the family, if the motion is filed within 180 days of the order.
Lack of proper notice of the hearing, or missing the hearing while in federal or state custody through no fault of your own. There is no deadline for this ground.

Filing either kind of motion automatically stays removal while the judge decides it, so ICE cannot execute the order in the meantime. The lack-of-notice argument tends to be strong when the notice was mailed to an outdated address, because the government carries the burden of proving proper delivery.

Reopening a Non–In Absentia Order

If your order was not entered in absentia, the rules are stricter. Under 8 C.F.R. § 1003.23, you generally get one motion to reopen, and it must be filed within 90 days of the final order.³ For older orders, that window has usually closed. What remains are a few specific paths.

Joint Motions With ICE

The most reliable route around the time and number limits is a joint motion filed with the agreement of ICE’s Office of the Principal Legal Advisor. When the government agrees to reopen, the motion is not subject to the 90-day deadline or the one-motion cap.⁴ The request goes to the local ICE office in writing, typically packaged with the approved petition, evidence of adjustment eligibility, and a clear explanation of why reopening is warranted. The stronger your adjustment case looks on paper, the more likely the government attorney is to sign on.

Recognized Exceptions to the Deadline

If ICE will not join, you need a recognized exception. Changed country conditions can support a motion at any time when the evidence is material and was not available during the original proceedings. Ineffective assistance of prior counsel is another recognized ground, but it requires showing that the attorney’s errors prejudiced the outcome and satisfying specific procedural requirements. Failing to meet the exception dooms the motion before anyone looks at your green card case.

Cases Decided by the Board of Immigration Appeals

If the Board affirmed your removal order, the motion to reopen goes to the Board under 8 C.F.R. § 1003.2 rather than to the immigration judge.⁵ The same deadlines and exceptions apply. The Board decides these motions as a matter of discretion, and you have to show prima facie eligibility for the relief you are seeking, meaning enough evidence that adjustment could succeed on a full hearing.

The Arriving Alien Exception

If you were classified as an arriving alien, meaning you were first encountered at a port of entry rather than in the interior, USCIS keeps exclusive jurisdiction over your adjustment application even if you are in removal proceedings or already have a final order. You file Form I-485 with USCIS directly, and reopening or terminating the removal proceedings is not necessarily required. The jurisdictional rule sits at 8 C.F.R. § 1245.2(a)(1).

One caution: the removal order remains enforceable while USCIS decides the application. ICE can still act on it unless you obtain a stay.

Meeting the Standard Adjustment Requirements

Once the order is set aside, or you fit the arriving-alien path, you have to meet every ordinary adjustment requirement under 8 U.S.C. § 1255.¹ The prior removal history adds friction at several of these steps, but the substantive test is the same as for any other applicant.

An approved immigrant petition. That means an approved Form I-130 for family-based cases or Form I-140 for employment-based cases.⁶⁷
Inspection and admission or parole at your original entry. Crossing the border without going through a port of entry disqualifies you from adjusting inside the country, unless Section 245(i) applies.⁸
An immediately available visa number. The Department of State’s monthly Visa Bulletin shows whether your priority date is current; if it is not, you cannot file yet.
Admissibility. No disqualifying criminal, health, or other grounds under 8 U.S.C. § 1182.

Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) are in the strongest position, because visa numbers are always available in that category and several statutory adjustment bars do not apply to them.

Section 245(i) for People Who Entered Without Inspection

Entering without inspection normally shuts the door on adjustment inside the country. Section 245(i) opens it for a shrinking group: you can adjust if you are the beneficiary of an immigrant petition or labor certification filed on or before April 30, 2001. If that qualifying filing came after January 14, 1998, you also must have been physically present in the United States on December 21, 2000. There is an added $1,000 penalty fee on top of the standard filing cost. The old petition does not have to be approved or currently active; it just has to have been properly filed by the deadline. A newer petition from a different relative can serve as the actual basis for adjustment, provided the old filing anchors your 245(i) eligibility.

Unlawful Presence, Waivers, and Permission to Reapply

Unlawful presence in the United States creates inadmissibility bars that can knock out your adjustment even after the order is reopened. More than 180 days but less than one year triggers a three-year bar on reentry if you depart; one year or more triggers a ten-year bar.⁹ Those bars primarily bite on departure and consular processing, but the government can still raise inadmissibility inside an adjustment case.

Two waivers do most of the work. Form I-601 is the general waiver of inadmissibility and can be filed with the adjustment application; approval requires showing extreme hardship to a qualifying U.S. citizen or permanent resident relative. Form I-601A is the provisional unlawful presence waiver, used by people who plan to leave for consular processing; you file it before departing, USCIS adjudicates it while you remain in the country, and it covers only the unlawful presence ground.¹⁰

If you were previously deported or removed, you also need Form I-212, a request for permission to reapply for admission. Without it, the prior removal itself keeps you inadmissible, regardless of whether the unlawful presence bars apply.¹¹

Protecting Yourself From Removal While the Case Is Pending

Filing a motion to reopen does not, on its own, stop ICE from executing your removal order in most cases. The one clear exception is a motion to reopen an in absentia order, which automatically stays removal while the judge considers it.²

For everything else, consider filing Form I-246, Application for a Stay of Deportation or Removal, with your local ICE Enforcement and Removal Operations field office. The current filing fee is $155.¹² You submit it in person, with identity documents (a valid passport is best) and a written statement explaining why the stay is warranted.¹³ Grants are discretionary. ICE can deny for criminal history, flight risk, or other reasons. If granted, you will typically be placed on an Order of Supervision, may need to post a bond of at least $1,500, and will have regular check-ins. A stay is not a work permit and confers no independent status.

Do Not Leave the Country

Departing the United States while a final removal order exists, even with advance parole, is one of the most dangerous moves in this process. Departure can be treated as execution of the removal order and can trigger new inadmissibility bars that keep you out for years. Stay in the country until your green card is approved and in hand. If travel is unavoidable, get case-specific legal advice before booking anything.

Forms, Evidence, and Sponsorship

Because you are running a court motion and a green card application at the same time, the paperwork is heavy, and missing pieces stall everything.

Core Filings

Form I-485 is the adjustment application itself, with detailed biographical information, complete immigration history, and admissibility questions covering criminal history and prior immigration violations.¹⁴ Filing fees change; check the current USCIS fee schedule (Form G-1055) before mailing, because the wrong amount will get the case rejected. If you have a prior removal, add Form I-212, with a statement explaining your ties, purpose in remaining, and character.

Supporting Documents

A copy of the approved I-130 or I-140 approval notice.
Birth certificate with certified English translation.
Valid passport and passport-style photographs.
Evidence of lawful entry, such as an I-94, visa stamp, or parole documentation.
Evidence supporting the family or employment relationship behind the petition.
Police clearances or court records for any arrest history.

Medical Examination

Every adjustment applicant must submit Form I-693, completed by a USCIS-designated civil surgeon, covering vaccinations, communicable diseases, and other health-based grounds of inadmissibility. For forms signed by the civil surgeon on or after November 1, 2023, the I-693 stays valid for the entire time the adjustment application is pending. Forms signed before that date are valid for two years from the civil surgeon’s signature.¹⁵ Civil surgeon fees are not government-regulated and commonly run from $200 to $500.

Affidavit of Support

Your petitioning relative must file Form I-864, Affidavit of Support, showing income at or above 125% of the federal poverty guidelines for their household size.¹⁶ If the petitioner’s income falls short, a joint sponsor with sufficient income can co-sign. The I-864 is a legally enforceable obligation, running until the immigrant naturalizes, earns 40 qualifying quarters of work, permanently leaves the country, or dies.

After You File

USCIS or the immigration court will issue a Form I-797C receipt notice with a case number.¹⁷ A biometrics appointment usually follows within a few weeks, feeding into the mandatory FBI background check. After that comes either a USCIS interview or a merits hearing before an immigration judge, depending on which body has jurisdiction. Expect pointed questions about the removal order, why you stayed in the country, and any gaps in your record. Preparation with counsel matters at this stage more than at any other.

If everything is approved, the green card comes in the mail. Start to finish, from the motion to reopen through the final adjustment decision, one to three years is common; backlogs in family-preference categories, waiver adjudications, or contested motions can push it longer. Keep your address current with both USCIS and the immigration court, appear at every scheduled appointment, and answer any requests for evidence promptly.

1
Office of the Law Revision Counsel. 8 USC 1255 – Adjustment of Status of Nonimmigrant to That of Person Admitted for Permanent Residence
2
Office of the Law Revision Counsel. 8 USC 1229a – Removal Proceedings
3
eCFR. 8 CFR 1003.23 – Reopening or Reconsideration Before the Immigration Court
4
Executive Office for Immigration Review. 4.7 – Motions to Reopen
5
eCFR. 8 CFR 1003.2 – Reopening or Reconsideration Before the Board of Immigration Appeals
6
U.S. Citizenship and Immigration Services. I-130, Petition for Alien Relative
7
U.S. Citizenship and Immigration Services. I-140, Immigrant Petition for Alien Workers
8
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 7 Part B Chapter 2 – Eligibility Requirements
9
U.S. Citizenship and Immigration Services. Unlawful Presence and Inadmissibility
10
U.S. Citizenship and Immigration Services. I-601A, Application for Provisional Unlawful Presence Waiver
11
U.S. Citizenship and Immigration Services. I-212, Application for Permission to Reapply for Admission Into the United States After Deportation or Removal
12
Federal Register. Fee Adjustment for US Immigration and Customs Enforcement Form I-246, Application for a Stay of Deportation or Removal
13
U.S. Immigration and Customs Enforcement. Application for a Stay of Deportation or Removal
14
U.S. Citizenship and Immigration Services. I-485, Application to Register Permanent Residence or Adjust Status
15
U.S. Citizenship and Immigration Services. Chapter 4 – Review of Medical Examination Documentation
16
HHS ASPE. 2026 Poverty Guidelines
17
U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action