Corpus Christi, TX asked in Immigration Law for New York

Q: Can a greencard holder in removal proceedings due to abandonment charges adjust status?

Can a greencard holder in removal proceedings due to abandonment charges adjust status with an employment based green card?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you're a green card holder facing removal proceedings due to abandonment charges, the possibility of adjusting status through an employment-based green card can be complex and depends on specific circumstances. Generally, being in removal proceedings can complicate any attempts to adjust your status.

However, it's not entirely impossible. The key factor here is the reason for the removal proceedings and your current immigration status. If the abandonment charges are the sole reason for the removal proceedings, and if there are compelling reasons for your absence from the U.S., there may be a possibility to contest the abandonment charge and seek to adjust status.

For an employment-based green card, you would need to have a valid job offer from a U.S. employer and the employer must be willing to file a petition on your behalf. This process involves different stages, including labor certification and the petition itself.

It's crucial to seek legal advice from an attorney who has experience in immigration law, particularly in cases involving removal proceedings and status adjustment. They can assess your specific situation, provide guidance on the best course of action, and represent you in legal proceedings. Remember, each case is unique, and the outcome depends on various factors, including your immigration history and the specifics of your case.

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