Defensive Application for Adjustment of Status Lawyer New Jersey — Protecting Your Green Card Case
A defensive application for Adjustment of Status lawyer New Jersey from Law Offices Of SRIS, P.C. handles cases where your green card application from within the US is challenged. This occurs if you are placed in removal proceedings or receive a Notice to Appear (NTA) while your AOS is pending.
What Is a Defensive Adjustment of Status Application?
In immigration law, a defensive application for Adjustment of Status is filed as a defense in removal proceedings before an Immigration Judge. Unlike the standard, affirmative AOS process filed directly with USCIS, a defensive application is your response to the government’s attempt to remove you from the United States. It asserts your eligibility for a green card as a defense against deportation.
Last verified: April 2026 | U.S. Citizenship and Immigration Services | USCIS.gov
This strategy is critical when an applicant is otherwise eligible for adjustment but has been placed in proceedings. The firm, founded in 1997 by former prosecutor Mr. Sris, applies litigation experience to these high-stakes immigration court cases.
Official Government Resources
- USCIS Adjustment of Status Overview (official U.S. government site)
- Executive Office for Immigration Review (EOIR) (official U.S. Department of Justice site)
The Defensive AOS Process in New Jersey
A defensive AOS process in New Jersey typically begins when you receive a Notice to Appear (NTA) in immigration court. This can happen if USCIS denies your affirmative application and refers you to ICE, or if you are apprehended. The case is then docketed at the Immigration Court in Newark, NJ.
- Receive Notice to Appear (NTA): You are placed in removal proceedings and given a court date.
- File Form I-485 with the Court: Your defensive application for Adjustment of Status (Form I-485) is filed with the Immigration Judge, not USCIS.
- Master Calendar Hearings: You attend initial hearings where the judge reviews the basis of the case and sets a timeline.
- Individual Hearing (Merits Hearing): This is the trial where you present evidence and testimony to support your eligibility for a green card.
- Judge’s Decision: The Immigration Judge will grant, deny, or terminate proceedings. If granted, you become a lawful permanent resident.
Why You May Need a Defensive Strategy
In New Jersey, individuals may need a defensive application for Adjustment of Status lawyer due to prior orders, visa overstays, or criminal history that triggers removal proceedings during the standard AOS process.
Common scenarios include:
- Being arrested by ICE after filing Form I-485.
- Receiving a denial of an affirmative AOS application with a referral to ICE.
- Having a prior removal order reinstated.
- Being deemed inadmissible at a green card interview.
Firm Authority and Experience
Law Offices Of SRIS, P.C., founded in 1997, brings over 120 years of combined legal experience to complex immigration matters. Our approach to a defensive application for Adjustment of Status is informed by a deep understanding of both immigration law and courtroom procedure. We prepare each case for the rigor of immigration court, where the burden is on the applicant to prove eligibility.
Case Handling
Our team manages the full defensive AOS process lawyer New Jersey clients require, from the first NTA through the final hearing. We gather evidence, prepare supporting documentation, and represent you before the Immigration Judge. We also work to identify and argue applicable waivers, such as the I-601A waiver for unlawful presence, as part of your defense.
Results may vary. Prior results do not aim for a similar outcome.
Service for New Jersey Residents
Law Offices Of SRIS, P.C.
By appointment only.
Toll-Free: (888) 437-7747
24/7 phone consultations — meetings by appointment only.
We assist individuals across New Jersey, including those with cases at the Newark Immigration Court. If you are facing a challenge to your green card application from within US lawyer New Jersey services can defend, contact us immediately after receiving an NTA or referral to court.
Frequently Asked Questions
What is the difference between affirmative and defensive adjustment of status?
Yes, there is a major difference. An affirmative adjustment is a direct application to USCIS. A defensive adjustment is an application filed in immigration court as a defense against removal after the government has initiated proceedings against you.
Can I still get a green card if I am in removal proceedings?
It depends. If you are eligible for adjustment of status under immigration law, you can apply for your green card defensively before the Immigration Judge. Success requires proving your eligibility and addressing any grounds of inadmissibility. A defensive application for Adjustment of Status lawyer New Jersey can assess your case.
How long does the defensive AOS process take?
The defensive AOS process lawyer New Jersey clients face can take significantly longer than an affirmative application, often 2 to 3 years or more, due to immigration court backlogs. The timeline depends on the Newark Immigration Court’s docket.
What happens if the Immigration Judge denies my defensive application?
If the judge denies your application, they will likely order you removed from the United States. You generally have 30 days to appeal the decision to the Board of Immigration Appeals (BIA). It is critical to have strong legal representation from the start.
Can I work while my defensive adjustment case is pending?
Yes, but you must apply for work authorization. You can file Form I-765 for an Employment Authorization Document (EAD) while your defensive Form I-485 is pending with the immigration court. Approval is not automatic.
Related Information: For those pursuing a standard green card application from within US lawyer New Jersey guidance is also available. If you are in a different state, see our national immigration lawyer hub.
Page Last verified: April 2026. Immigration law and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding a defensive application for Adjustment of Status.