An arrest while a green card application is pending creates two cases that move on different clocks: the criminal case in state or federal court and the adjustment of status application before USCIS or an Immigration Judge. Decisions made in one can decide the other.
Table of Contents
Admissibility is judged at the time of decision
Adjustment of status under section 245(a), 8 U.S.C. § 1255(a), requires that the applicant be admissible when the application is decided. An arrest is not a conviction, but USCIS can ask for court records, delay the decision or deny as a matter of discretion. A conviction entered before the decision can make the applicant inadmissible.
Three 2026 developments that matter
- Admissions: in Matter of Mendez Maldonado, the Board held that sworn statements to a USCIS officer about drug use were a valid admission that made the applicant inadmissible, even without a conviction. See our article on Mendez Maldonado.
- Plea dates: under Matter of A-V-O-, an aggravated felony conviction based on a plea or verdict after September 17, 2026 makes a person inadmissible as "ineligible to citizenship." See why the plea date now matters.
- Continuances: in court, judges no longer presume that a case should be paused for a pending petition after Matter of L. Ramirez, so timing must be planned.
Coordinating the two cases
- Tell the criminal defense lawyer about the pending I-485 before any plea discussion. The duty to give immigration advice is explained in our Padilla guide.
- Do not discuss the facts of the arrest at an immigration interview without advice. Answer truthfully, but prepare first.
- Obtain certified dispositions as soon as the criminal case ends and submit them with any request for evidence.
- If the outcome may require a waiver, review the 212(h) waiver early.
If the application is denied
A denial by USCIS is not the end of the process in every case, but options depend on whether the person is in removal proceedings. See steps after a green card denial and how long you can stay after an I-485 denial. Applicants in removal proceedings pay the fiscal year 2027 OBBBA fee of $1,590 when filing an I-485 with the Immigration Court, explained in our fee summary.
Discretion and delay
Even when a person is admissible, adjustment is discretionary. USCIS weighs the criminal history against equities. The USCIS discretion memo for adjustment cases explains why a federal lawsuit can force a decision but not the right one. The current form and instructions are on the USCIS Form I-485 page, and recent procedural changes are summarized in recent I-485 policy changes.
Timing considerations
USCIS decides admissibility on the record as it stands when the application is decided. An application reviewed while charges are pending may be held, denied as a matter of discretion or approved if the officer concludes that no ground applies; an application decided after a conviction must address that conviction. Whether to wait for a final disposition is a judgment that depends on the charge, the likely outcome and the immigration consequences of each possible plea.
Related Guides on This Site
See also I-485 Delays Exposed Top Reasons Your Green Card is Taking Forever. See also I-485 Everything You Need to Know I-485 Known As the Application to Register Permanent Residence or Adjust Status. See also How Long Does It Take to Get I-485 Approval in New York.
Disclosure: Criminal Immigration Law collaborates with the law firm that publishes Mandamus.com and N600K.com; some articles link to their guides. General information only, not legal advice.
Every day you wait can change the outcome of your case.
Talk to a criminal immigration attorney today — no cost, no obligation.