Defensive Application for Adjustment of Status Lawyer in Somerset County, NJ
A defensive Application for Adjustment of Status is filed in response to removal proceedings before an Immigration Judge. In Somerset County, this critical process requires a lawyer who understands both USCIS policies and the defensive posture of the Executive Office for Immigration Review (EOIR). Law Offices Of SRIS, P.C.
Understanding the Defensive AOS Process in New Jersey
Unlike a standard affirmative application filed with USCIS, a defensive Application for Adjustment of Status is your legal response to the government’s attempt to remove you from the United States. This process is initiated when you are placed in removal proceedings and appear before an Immigration Judge at the Newark Immigration Court, which has jurisdiction over Somerset County residents. The judge has the authority to grant or deny your application for a green card as a form of relief from removal.
Last verified: April 2026 | Superior Court of NJ, Somerset Vicinage | New Jersey Legislature
Official Legal Resources
- Superior Court of New Jersey, Somerset Vicinage (Court Website)
- New Jersey Laws and Regulations (State Legal Portal)
The Defensive AOS Process in Immigration Court
- Master Calendar Hearing: Your first appearance where you admit or deny the allegations in the Notice to Appear (NTA) and state your intent to apply for adjustment of status as a defense to removal.
- Filing the Application: Your lawyer formally files Form I-485, Application to Register Permanent Residence or Adjust Status, with the Immigration Court, along with all supporting evidence and applicable waivers.
- Individual Hearing Preparation: This involves gathering extensive documentation, preparing witnesses, and crafting legal arguments to overcome any USCIS concerns that triggered the proceedings.
- Individual (Merits) Hearing: A trial-like proceeding where you and your witnesses testify, evidence is presented, and the government’s attorney cross-examines. Your lawyer argues why you merit a green card.
- The Judge’s Decision: The Immigration Judge will issue a written decision granting or denying your adjustment of status. If granted, you become a lawful permanent resident.
Potential Outcomes and Considerations
A successful defensive AOS in Somerset County results in a grant of lawful permanent residence, while a denial typically leads to a final order of removal.
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Immigration Defense
Founded in 1997, Law Offices Of SRIS, P.C. brings a focused approach to immigration defense. Our firm was established by Mr. Sris, whose legal perspective is shaped by foundational experience. We understand that a defensive AOS is more than paperwork—it’s a litigation strategy to protect your future in the U.S.
Approach to Defensive Adjustment Cases
We approach every defensive Application for Adjustment of Status with a litigation mindset. This means thoroughly analyzing the government’s case, identifying weaknesses in the charges of removability, and building a strong, evidence-based case for why you qualify for a green card. We prepare clients for the rigor of cross-examination and present compelling legal arguments to the court.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-0900
By appointment only.
Our New Jersey location serves clients in Somerset County, including Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster. We offer 24/7 phone consultations at (888) 437-7747, with meetings by appointment only.
Frequently Asked Questions: Defensive AOS in Somerset County
What is the main difference between an affirmative and a defensive AOS?
Yes. An affirmative AOS is filed proactively with USCIS. A defensive Application for Adjustment of Status is filed as a defense in Immigration Court after the government initiates removal proceedings against you.
Can I apply for a work permit during a defensive AOS process?
It depends. You may file Form I-765 for an Employment Authorization Document (EAD) while your case is pending, but approval is not automatic. The court or USCIS must deem your application for relief prima facie approvable. An experienced lawyer can advise on the timing and strategy for this request.
How long does the defensive AOS process take in New Jersey?
The timeline varies significantly. From the first master calendar hearing at the Newark Immigration Court to a final decision, it can take anywhere from 18 months to several years, depending on the court’s docket, the issues in dispute, and whether appeals are involved.
What happens if the Immigration Judge denies my defensive adjustment?
If denied, you typically have 30 days to appeal the decision to the Board of Immigration Appeals (BIA). If no appeal is filed or the appeal is unsuccessful, the removal order becomes final and enforceable. It is critical to have legal counsel immediately to explore all post-order relief options.
Can I still pursue a green card application from within the US if I’m in removal proceedings?
Yes. That is the precise purpose of a defensive AOS. It allows you to apply for your green card from within the US as a legal defense to the removal charges, presenting your case directly to an Immigration Judge.
For guidance on related matters, see our pages on Business Law in Somerset County or Federal Criminal Defense in Somerset County. For more immigration resources, visit our New Jersey Immigration Lawyer hub.
Page last verified: 2026-04. Immigration law and court procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current guidance on your defensive Application for Adjustment of Status.
Your case in Somerset County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Somerset County that is the Superior Court of NJ, Somerset Vicinage (13th Vicinage), 20 North Bridge Street, Somerville, NJ 08876, telephone (908) 231-7000, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Somerset County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Somerset County NJ lawyers directory · Defensive Application for Adjustment of Status Lawyer Bergen · Defensive Application for Adjustment of Status Lawyer Hudson · Defensive Application for Adjustment Lawyer Monmouth County.