Q: Handling I-862 filing with adjustment of status process in court

A: First, if you have been issued a Notice to Appear for removal proceedings, which it appears you have since you reference Form I-862, it is very important that you attend all scheduled court hearings and inform the immigration court if you ever change addresses. If you fail to attend any scheduled court hearing, the judge can order you removed from the United States in your absence.

In terms of whether USCIS will continue to have the power to decide your adjustment case, depends on the manner of your entry into the United States. For example, if you were paroled into the United States and are classified as an “arriving alien,” USCIS would have sole jurisdiction over your adjustment of status case and you should take proof of the pending application with USCIS to your court date and ask that the judge to continue your case, administratively close your case, or dismiss your case to await USCIS’ decision.

If, however, you are not classified as an “arriving alien,” than the immigration court and not USCIS would have jurisdiction over your adjustment case. You would still want to take proof of the filing of the I-130 and I-485 to court and ask the judge to wait for USCIS to approve your I-130 petition so that you could then pursue the adjustment of status application with the judge.

It is advisable to consult with an immigration attorney to confirm your eligibility for relief and determine the best course of action to take in your case.

A: Since you have an active adjustment of status application pending with USCIS, it's beneficial to inform the immigration court about this development. Submitting your I-797 acceptance notice to the court can demonstrate that you're pursuing lawful status through an alternative administrative channel. This may positively influence the judge's handling of your case, possibly leading to continuances or administrative closure while USCIS processes your application.

Be mindful that immigration courts and USCIS operate separately, even though their processes can intersect. Filing your I-797 notice doesn't automatically halt your removal proceedings, but it provides a solid reason for requesting discretion from the immigration judge. You should formally request administrative closure or continuance based on your pending adjustment of status, as judges have discretion to pause court proceedings in such situations.

Lastly, consistently track the status of your USCIS application, keeping detailed records of all communications and updates. It's also wise to consult with an immigration attorney about your court hearing, as they can guide you on specific procedural requests and timing. Properly coordinating these steps ensures your immigration case remains aligned with your adjustment of status goals.