Immigration Benefits in EOIR Removal Proceedings

The information on this page applies only to individuals who are requesting, or who have been granted, relief or protection from removal while they are in proceedings in an immigration court or before the Board of Immigration Appeals (BIA). Immigration courts and the BIA are part of the Executive Office for Immigration Review (EOIR) in the U.S. Department of Justice.

Eligible individuals in proceedings before an immigration court can apply and qualify for various immigration benefits (such as adjustment to lawful permanent resident status, cancellation of removal, and certain waivers of inadmissibility), which, if granted, provide relief from removal. Eligible individuals also may seek asylum or withholding of removal, among other forms of protection.

If you are filing an application for relief or protection before an immigration court, the government’s attorney should provide you with Instructions for Submitting Certain Applications in Immigration Court and For Providing Biometric and Biographic Information to U.S. Citizenship and Immigration Services (PDF, 178.54 KB) (PDF, 178.54 KB) (Pre-Order Instructions). You must follow these instructions carefully  to have your application adjudicated in immigration court.

Before the EOIR can grant relief or protection from removal, USCIS must complete identity, security, and background checks, as described in the joint Fact Sheet on Immigration Benefits in EOIR Proceedings (PDF, 45.22 KB) (PDF, 45.22 KB). If you are scheduled for an appointment at a USCIS application support center, you must carefully follow the instructions on the appointment notice for completing all necessary fingerprint processing requirements and checks.

Immigration Benefit Granted by EOIR

If the immigration judge grants your application for relief or protection from removal, you should be given Post-Order Instructions for Individuals Granted Relief or Protection from Removal by Immigration Court  (PDF, 235.78 KB) (PDF, 235.78 KB) (Post-Order Instructions) at the end of the removal proceedings. These instructions describe the steps you should follow to obtain documentation of your immigration status and employment authorization. If the BIA grants you relief or protection from removal, your BIA decision should contain similar instructions for obtaining your documentation. For more information, please see Questions and Answers on Implementation of EOIR Background Check Regulation for Aliens Seeking Relief or Protection from Removal  (PDF, 64.73 KB) (PDF, 64.73 KB).

If you have been granted lawful permanent resident status or asylum status during proceedings before an immigration judge or the BIA, you should receive a Green Card or a Form I-94 with an asylum stamp. If you have not yet received documentation of your status, please call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) to request that documentation. You must tell us:

• Your full name;
• Your A-Number;
• Your date of birth;
• Your address;
• The date of your order from the immigration judge or the BIA;
• The specific immigration benefit you received (for example, adjustment of status, cancellation of removal, or asylum); and
• Whether your order is final.

Without this information, we may not be able to respond fully to your inquiry. We will review your request and will either mail your status documents or schedule you for an in-person appointment at your local field office, if necessary. 

Actions After EOIR Terminates Removal Proceedings for USCIS to Adjudicate Adjustment of Status Application

If EOIR terminated your removal proceedings so that USCIS can adjudicate your Form I-485, Application to Register Permanent Residence or Adjust Status, ICE counsel should forward your A-File to the appropriate USCIS office for adjudication of your adjustment application. You may also call the USCIS Contact Center to request that we:

• Reopen a Form I-485 you previously filed with us and that we administratively closed due to lack of jurisdiction; and
• Transfer to USCIS a Form I-485 you initially filed with EOIR so that we can adjudicate your application. If you followed the pre-order instructions noted above and filed Form I-485 with EOIR, you should not “refile" the Form I-485 with the USCIS Lockbox.

Once we receive your request, our Contact Center staff will verify that removal proceedings are terminated and then will refer your request to your field office of jurisdiction. We may also send you a Request for Evidence to obtain a copy of your Form I-485 and other supporting documents if these documents are not in the A-file.