A motion to terminate removal proceedings based on an approved I-130 petition asks the immigration judge to end your deportation case so you can pursue lawful permanent residence outside of court. The approved petition alone will not do it. The judge can grant termination only if you also show you are eligible to adjust status, and the outcome is far more likely when the Department of Homeland Security (DHS) joins the motion or declines to oppose it.1Legal Information Institute. 8 C.F.R. § 1003.18 – Section: (d) Termination
What You Have to Show Beyond the Approved Petition
USCIS approval of the I-130 confirms the qualifying family relationship for immigration purposes.2Office of the Law Revision Counsel. 8 U.S.C. § 1154 It does not give you status and it does not, by itself, stop the court case. To justify termination, you generally need to establish that you are eligible to adjust status, which requires that you:3Office of the Law Revision Counsel. 8 U.S.C. § 1255
- Were inspected and admitted or paroled into the United States
- Have an immigrant visa immediately available
- Are admissible
- Have filed a proper adjustment application
The judge may also weigh disqualifiers such as certain criminal convictions. Some issues can be waived, but the burden of proving eligibility for relief sits with you.4Legal Information Institute. 8 C.F.R. § 1240.8
How to File the Motion
File the motion with the immigration court that has administrative control over your records. Include evidence of the approved I-130 and documentation showing you qualify to adjust status. Watch the calendar. The judge can set strict submission deadlines, and missing one can sink the motion.5Legal Information Institute. 8 C.F.R. § 1003.31 – Section: (h) Filing deadlines
The motion must also be served on DHS so government counsel can respond. If DHS joins you in a joint motion to terminate, the judge is generally required to grant it absent unusual reasons to deny.6Legal Information Institute. 8 C.F.R. § 1003.321Legal Information Institute. 8 C.F.R. § 1003.18 – Section: (d) Termination
Why DHS’s Position Matters
DHS has prosecutorial discretion over whether to continue pursuing a removal case, and government counsel can move to dismiss on their own.7Legal Information Institute. 8 C.F.R. § 1239.2 – Section: (c) Motion to dismiss When DHS joins or does not oppose your motion, your chances rise sharply. DHS typically weighs factors such as family ties in the United States, length of residence, and criminal history. Enforcement priorities shift between administrations, so what DHS is willing to agree to today may not match past practice.
What Termination Actually Gets You
If the judge grants the motion, the removal proceedings end and the immediate risk of a deportation order in that case is gone. Termination does not, on its own, give you legal status.1Legal Information Institute. 8 C.F.R. § 1003.18 – Section: (d) Termination It moves your file out of court so USCIS can adjudicate your adjustment application. Approval of that application is what makes you a lawful permanent resident.3Office of the Law Revision Counsel. 8 U.S.C. § 1255
If the Judge Denies the Motion
You can appeal to the Board of Immigration Appeals. A Notice of Appeal must be filed within 30 days of the judge’s decision and must identify the legal or factual errors you’re challenging.8Legal Information Institute. 8 C.F.R. § 1003.3 Other forms of relief may also remain available in the proceedings, including asylum, withholding of removal, and protection under the Convention Against Torture.9Legal Information Institute. 8 C.F.R. § 1240.1 Each has its own filing rules and evidentiary standards, and each has deadlines that, once missed, are difficult to reopen.