Defensive Application for Adjustment of Status Lawyer in Burlington County, NJ

A defensive Application for Adjustment of Status is filed with the Executive Office for Immigration Review (EOIR) when you are in removal proceedings. This legal process is your defense against deportation, allowing you to apply for a green card from within the US before an immigration judge. In Burlington County, this demanding procedure requires a strategic legal defense.

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Understanding the Defensive AOS Process in Burlington County

Unlike a standard green card application from within the US, a defensive Application for Adjustment of Status is initiated in immigration court. It is a response to the Department of Homeland Security’s (DHS) efforts to remove you from the country. The process is governed by the Immigration and Nationality Act (INA) and adjudicated within the U.S. immigration court system.

Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | U.S. Citizenship and Immigration Services

Founded in 1997 by former prosecutor Mr. Sris, our firm brings a defensive litigation mindset to immigration cases. We understand that a defensive AOS is not just an application—it is a legal battle to secure your right to remain in the United States.

Official Government Resources

Executive Office for Immigration Review (EOIR) – U.S. Department of Justice: The official site for the immigration court system where defensive AOS cases are heard.
USCIS Green Card Information: Official government resource on eligibility and processes for lawful permanent residence.

The Defensive AOS Process and Local Considerations

The defensive AOS process is distinct and high-stakes. It begins when you are placed in removal proceedings and must assert your eligibility for a green card as a defense. In the jurisdiction covering Burlington County, cases may be heard at the Immigration Court in Newark or Philadelphia, depending on venue. A key local procedural fact is the importance of timely and precise filings with the court; missing a deadline can result in an order of removal being issued in absentia.

Receive a Notice to Appear (NTA): The process starts when DHS serves you with an NTA, placing you in removal proceedings before an immigration judge.
Master Calendar Hearing: You appear before the judge to confirm the charges, admit or deny allegations, and indicate your intent to apply for relief, such as adjustment of status.
File Form I-485 and Supporting Evidence: Your attorney files the Application to Register Permanent Residence or Adjust Status (Form I-485) with the immigration court, along with all required supporting documents and applications for any waivers.
Individual Hearing (Merits Hearing): At this trial-like hearing, you present your case. You and your witnesses may testify, and the ICE attorney will cross-examine. The judge will decide whether to grant or deny the AOS.
Appeal or Post-Grant Steps: If denied, you may appeal to the Board of Immigration Appeals (BIA). If granted, you will receive your green card and the removal proceedings will be terminated.

Potential Outcomes and Challenges in a Defensive AOS

In Burlington County defensive AOS cases, the primary goal is to obtain a grant of lawful permanent resident status and terminate removal proceedings, but the process carries the risk of a final order of deportation if unsuccessful.

Results may vary. Prior results do not guarantee a similar outcome.

Why Choose Our Firm for Your Immigration Defense

Law Offices Of SRIS, P.C. was founded in 1997. With over 120 years of combined legal experience, our firm has handled thousands of cases. Our tagline, “Advocacy Without Borders,” reflects our commitment to clients in all legal matters, including immigration defense. We approach each defensive Application for Adjustment of Status with the detailed preparation of a trial attorney, understanding that your future in the U.S. depends on the outcome.

Mr. Sris
Founding Attorney
Bar Admissions: Virginia, Maryland, District of Columbia, New Jersey, New York
A former prosecutor and the founder of the firm, Mr. Sris brings a strategic, litigation-focused approach to defensive immigration cases. He provides strategic oversight on the firm’s defensive AOS strategies, ensuring each case is prepared to withstand rigorous scrutiny in immigration court.

Our Approach to Defensive AOS Cases

We focus on building a strong, evidence-based case for eligibility from the outset. This includes gathering extensive documentation, preparing detailed affidavits, and working with professionals when necessary. We develop a clear legal strategy for each master calendar and individual hearing, anticipating the arguments of the ICE trial attorney. Our goal is to present the most compelling case possible to the immigration judge to secure your green card.

Results may vary. Prior results do not guarantee a similar outcome.

Defensive Application for Adjustment of Status Lawyer Near Burlington County

Our New Jersey location serves clients in Burlington County facing removal proceedings. We are accessible to individuals in Mount Holly, Mount Laurel, Moorestown, and surrounding communities.

Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.

24/7 Phone Consultations
Toll-Free: (888) 437-7747

Meeting with an immigration defense lawyer near Burlington County is a critical first step. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.

Frequently Asked Questions: Defensive AOS in Burlington County

What is the difference between a defensive and affirmative AOS?

Yes, there is a major difference. An affirmative green card application from within the US is filed proactively with USCIS. A defensive AOS is filed as a defense in removal proceedings after you are placed in immigration court.

Can I apply for a work permit during the defensive AOS process?

It depends. You may be eligible to file for employment authorization after your application has been pending with the immigration court for a certain period, typically 150 days. However, the judge must first accept the application, and certain eligibility requirements must be met.

How long does the defensive AOS process take in New Jersey?

The timeline varies widely. From the first master calendar hearing to a final decision at an individual hearing can take 2 to 4 years or more, depending on the court’s backlog. Your specific AOS process lawyer in Burlington County can give a more case-specific estimate based on current dockets.

What happens if my defensive Application for Adjustment of Status is denied?

If the immigration judge denies your application, you typically have 30 days to appeal the decision to the Board of Immigration Appeals (BIA). If you do not appeal, or if the BIA upholds the denial, the removal order becomes final and DHS may seek to deport you.

Can I travel outside the U.S. while my defensive AOS is pending?

No. If you are in removal proceedings, leaving the United States without permission (advance parole) will almost certainly result in the abandonment of your application and trigger a bar to reentry. International travel is extremely risky and not recommended.

Related Legal Services in Burlington County: If you are exploring other options, you may need a business lawyer in Burlington County or a federal criminal defense lawyer in Burlington County. For more information on immigration defense statewide, visit our New Jersey immigration lawyer hub page. We also assist clients in neighboring areas like Camden County.

Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance on your defensive Application for Adjustment of Status case.