Published: April 29, 2025
Are you or a loved one at risk of being detained at a US port of reentry? As enforcement of immigration laws intensifies, foreign nationals face increased scrutiny of their past immigration and criminal records upon entering the US. Even immigrants with a valid visa or lawful permanent resident (LPR) status returning from international travel can be subject to stricter inspections and potential detention.
Notably, data from the US Immigration and Customs Enforcement (ICE) revealed that 39,062 individuals were in custody on December 8, 2024. Meanwhile, there were 39,703 detention cases recorded on January 22, 2025. The detention is non-punitive when ICE officials take an alien into custody. Its purpose is to ensure compliance with immigration proceedings and safeguard public safety when necessary.
While the immigration case is pending, ICE decides whether to detain the individual, release them on bond, or place them under an alternative supervision program. Many detained immigrants wonder whether they can still secure a green card. Although it’s legally possible, the process can be complex and primarily depends on one’s eligibility for adjustment of status, relief, or waivers. Let’s find out how applying for a green card while in detention works.
Factors That Can Affect Green Card Eligibility
Adjusting your status allows you to secure a US green card or become a lawful permanent resident without leaving the country. Detained immigrants can only file for an adjustment of status if they meet the requirements. Below are some factors that can affect an individual’s eligibility to secure a green card.
Green card categories
Green card eligibility requires qualifying under a category recognized by the United States Citizenship and Immigration Services (USCIS). Each green card option highlighted below has its corresponding set of requirements.
- Family-sponsored green card
- Employment-based sponsorship
- Asylum or refugee status
- Green card for victims of crime
It’s imperative to note that even when meeting the specific eligibility criteria, other circumstances can influence whether a detained immigrant can or should adjust their status. Thus, seeking the assistance of a trustworthy immigration attorney is crucial for ensuring eligibility and compliance.
Adjustment bars
Specific bars can prevent you from adjusting your status even if you otherwise meet the eligibility requirements. Unless you belong to a particular category of applicants exempt from adjustment bars, USCIS may deny your adjustment of status application because of the following:
- Absence of lawful immigration status at the time of application
- Failure to preserve a lawful status
- Engaging in employment without authorization
- Certain other immigration violations
Visa availability
The priority date must be current at the time you’re applying for an adjustment of status, meaning your immigrant visa must be readily available. However, the Immigration and Nationality Act (INA) caps the number of immigrant visas available for foreign nationals securing a green card or lawful permanent resident (LPR) status. You can adjust your status without being subjected to numerical limits if you’re an immediate relative of US citizens, since immigrant visas for this category are always available.
Criminal history
A significant portion of the green card applications involves inquiries about your criminal history. USCIS will examine all encounters you’ve had with law enforcement officials. This review encompasses interactions both in the US and your home country.
Not all criminal records make you ineligible for a green card. However, certain types of criminal convictions make you inadmissible for lawful permanent resident (LPR) status unless the law qualifies you for a waiver of inadmissibility. A conviction of a crime involving illegal drugs, moral turpitude, and aggravated felonies can result in a green card denial.
USCIS discretion
Meeting the eligibility criteria doesn’t ensure green card approval. The decision primarily relies on the USCIS, as they have the discretion to approve or deny the application after evaluating the totality of the circumstances.
The USCIS officer will consider all the information in the record and carefully weigh the negative and positive factors associated with LPR status, including rights, privileges, and responsibilities.
Secure Your Green Card With Proper Legal Support
The threat of immigration detention can feel overwhelming. While the fear of job loss, family separation, or deportation is a significant concern, taking prompt action is critical.
A credible Los Angeles immigration lawyer understands the urgency and emotional toll this situation can place on immigrants and their families. The sooner you obtain the proper legal support, the better your chances of avoiding unnecessary and prolonged immigration custody.
With decades of experience in handling family-based petitions and practicing immigration law, our team at ALG Lawyers is here to help you navigate the green card application process. Reach out to our team now for further assistance with your immigration needs.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)