Green Card Lawyer — a Former Immigration Judge for Adjustment of Status, Consular Processing and Family Petitions

Why a former immigration judge

Most green cards are decided by USCIS officers or consular officers, not judges. But when a case goes wrong, or when the person applying is already in removal proceedings, it ends up in immigration court, where the judge decides whether the green card is granted and a Department of Homeland Security (DHS) attorney may oppose it.

Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015. As a judge, he decided roughly six hundred asylum cases on their merits in recent years (TRAC judge report (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement (ICE) in Los Angeles, rising to deputy chief counsel, the side of the courtroom that reviews the government's file and takes a position on relief.

That experience shapes how we prepare a green card case from the start: we look at it the way the officer, the government attorney and the judge will, find the problems in the record before they do, and choose the filing route with the whole history in view. None of this can promise a particular outcome; every case turns on its own facts and the law.

What we handle

We handle the green card from the first petition to the card itself, and the problems that can arise along the way. Each item below links to the guide that explains the law.

• Adjustment of status. Applying for the green card from inside the United States on Form I-485, with the work permit and travel permit while it is pending. See adjustment of status.
• Consular processing. Immigrant visas through the National Visa Center and a U.S. embassy or consulate. See consular processing. To weigh the two paths, see our adjustment of status vs. consular processing comparison.
• Family petitions for parents, siblings and adult children. I-130 petitions by U.S. citizens for their parents, brothers and sisters and adult sons and daughters, and by permanent residents for their children. See family petitions below and immediate relatives and the preference categories.
• Green cards in removal proceedings. Adjustment of status before the immigration judge, continuances while a petition is pending, and reopening a case to adjust. See green cards in removal proceedings.
• Waivers. Including the I-601A provisional waiver of unlawful presence and other waivers of inadmissibility. See inadmissibility and waivers.
• Abused spouses, children and parents. A self-petition that does not depend on the abuser. See VAWA.
• Denials, requests for evidence and appeals. Responses to USCIS, motions and appeals, including to the Board of Immigration Appeals.

Marriage cases, including the spouse petition, the proof of a real marriage, the interview and removing conditions with Form I-751, have their own page: see our marriage green card lawyer page. For a fiancé(e) abroad, see our K-1 fiancé visa lawyer page.

Who can petition for whom

A family green card starts with a relative who is a U.S. citizen or a permanent resident filing Form I-130 (opens in new tab), Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). Who the petitioner is and how the two are related decide how long the wait is.

Immediate relatives of U.S. citizens

Spouses of U.S. citizens, unmarried children under 21 of U.S. citizens, and parents of U.S. citizens who are at least 21 are immediate relatives. There is no annual limit on their visas, so there is no waiting line once the petition is approved, and they are exempt from some of the bars that stop other applicants from adjusting status.

The preference categories

Other relatives wait for a visa number under annual limits, in order of their priority date, the day the I-130 was filed. The categories are unmarried sons and daughters 21 or older of U.S. citizens; spouses and unmarried children of permanent residents; unmarried sons and daughters 21 or older of permanent residents; married sons and daughters of U.S. citizens; and brothers and sisters of adult U.S. citizens. The wait, shown each month in the State Department's Visa Bulletin, can run from a few years to decades depending on the category and the country. Our explainers show how to read the Visa Bulletin and how to read USCIS processing times.

A permanent resident can petition only for a spouse and unmarried children. Grandparents, aunts, uncles and cousins cannot be petitioned for.

Family petitions for parents, siblings and adult children

Petitions for parents, brothers and sisters and adult sons and daughters use the same Form I-130, but each relationship has its own proof, its own category and its own traps. The rules below come from INA § 203(a) (opens in new tab) and the petition regulation, 8 C.F.R. § 204.2 (opens in new tab).

Parents of U.S. citizens

A U.S. citizen who is at least 21 can petition for a mother or father, and the parent is an immediate relative, so there is no waiting line once the petition is approved. Each parent needs a separate I-130. The proof is usually the citizen's birth certificate showing the parent's name. A father of a child born outside marriage must also show that the child was legitimated, or that a real parent-child relationship existed before the child turned 21, and a stepparent qualifies only if the marriage that created the step relationship took place before the child turned 18 (8 C.F.R. § 204.2(f)).

How the parent entered still matters. A parent who was inspected and admitted can usually adjust status in the United States even after overstaying. A parent who entered without inspection generally has to finish the case abroad, and leaving can trigger the three- or ten-year unlawful-presence bar. The I-601A provisional waiver of that bar requires extreme hardship to the applicant's U.S. citizen or permanent resident spouse or parent; a U.S. citizen son or daughter is not a qualifying relative for it (INA § 212(a)(9)(B)(v) (opens in new tab)). That is why a parent's history has to be reviewed before anyone files or travels.

Sons and daughters

A citizen's unmarried child under 21 is an immediate relative. Once the child turns 21 or marries, the case moves into a preference category: F1 for unmarried sons and daughters 21 or older of citizens, F3 for married sons and daughters of citizens. A permanent resident can petition for unmarried children only: F2A for those under 21, F2B for those 21 or older. There is no category for a permanent resident's married son or daughter.

Categories change when lives change, and the regulation spells out the conversions (8 C.F.R. § 204.2(i)). If the F2B son or daughter of a resident marries, the petition is automatically revoked, because no category exists for that relationship. If the resident parent becomes a citizen, an F2A child converts to an immediate relative, an F2B petition converts to F1, and the original priority date is kept. The Child Status Protection Act can let some children keep counting as under 21 for visa purposes (INA § 203(h) (opens in new tab)); the calculation depends on dates and should be checked before the child turns 21.

Brothers and sisters of U.S. citizens

A U.S. citizen who is at least 21 can petition for a brother or sister in the F4 category. The two must share at least one parent: half-brothers and half-sisters qualify, and step-siblings qualify only through a stepparent marriage that took place before both were 18 (8 C.F.R. § 204.2(g)). The proof is usually both birth certificates showing the common parent, plus the parents' marriage certificate where the link depends on it. F4 has the longest waits of any family category, often many years and longer for some countries. A permanent resident cannot petition for a brother or sister.

Spouses and children who come along

In the preference categories, the beneficiary's own spouse and unmarried children under 21 can usually receive green cards as derivatives on the same petition (INA § 203(d) (opens in new tab)). Immediate relatives have no derivatives: a petition for a citizen's parent does not cover the parent's other children, so a separate petition may be needed.

What an approved petition does not do

An approved I-130 for a parent, sibling or adult child does not, on its own, give legal status, a work permit or protection from removal while the relative waits. It holds a place in line, the priority date. The wait is shown each month in the State Department's Visa Bulletin (opens in new tab); only when the date is current can the relative file for adjustment of status or move forward with the consulate.

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Adjustment of status or consular processing

Once a visa is available, there are two ways to finish a green card case, and choosing the wrong one is among the most serious mistakes in immigration.

Adjustment of status in the United States

Under INA § 245(a) (opens in new tab), a person who was inspected and admitted or paroled into the United States, is eligible for a green card and has a visa immediately available can apply on Form I-485 without leaving the country. An immediate relative can usually file the I-130 and I-485 together (USCIS Policy Manual, Vol. 7, Part A, ch. 3 (opens in new tab)). While the I-485 is pending, the applicant can apply for a work permit and for advance parole to travel. Immediate relatives are forgiven some status violations, such as overstaying a visa or working without permission, that bar others under § 245(c). A person who entered without inspection generally cannot adjust unless an older petition preserves eligibility under § 245(i). See adjustment of status. Our printable green card document checklist lists what the official Form I-485 instructions ask for.

Consular processing abroad

The approved petition goes to the State Department's National Visa Center, which collects the DS-260 application, the Form I-864 affidavit of support and civil documents, and then schedules an immigrant visa interview at a U.S. embassy or consulate. If the visa is issued, the relative becomes a permanent resident when admitted at the border. See consular processing.

The unlawful-presence trap

For someone living in the United States without status, leaving for a consular interview can itself trigger a bar. More than 180 days of unlawful presence followed by departure brings a three-year bar; a year or more brings a ten-year bar (INA § 212(a)(9)(B) (opens in new tab)). Some relatives can apply first, from inside the United States, for an I-601A provisional waiver, which requires showing extreme hardship to a U.S. citizen or permanent resident spouse or parent (USCIS Policy Manual, Vol. 9, Part B (opens in new tab)). Other histories, such as returning without permission after a year of unlawful presence, carry bars the provisional waiver does not cover. We review the full immigration history before anyone leaves. See unlawful presence.

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From the I-130 to the green card

1. Review before filing. We look at entries and exits, any prior petitions, arrests, removal orders and status, because these decide the route and the bars.
2. The I-130 petition. The petitioner proves their own citizenship or permanent residence and the family relationship, with birth, marriage and other civil records.
3. The I-485 or the National Visa Center. In the United States, the I-485 with the medical exam on Form I-693 and the I-864 affidavit of support; abroad, the DS-260 and documents for the consulate.
4. Biometrics and background checks. Fingerprints and photos, used to check identity and history.
5. Requests for evidence. A timely, complete answer to a USCIS request for evidence often decides the case.
6. The interview. At a USCIS field office, or at the consulate for an immigrant visa.
7. The decision. Approval brings the green card; a visa issued abroad becomes a green card on admission to the United States.

The green card interview

Most adjustment cases end with an interview at a USCIS field office; consular cases end with an immigrant visa interview at the embassy or consulate. The officer reviews the forms under oath, checks the original documents and asks about the family relationship, the immigration history, any arrests and the grounds of inadmissibility (USCIS Policy Manual, Vol. 7, Part A, ch. 5 (opens in new tab)). USCIS may waive the interview in some cases.

We prepare clients for the interview, review the file for inconsistencies with earlier applications, and bring updated evidence. Where the law allows the attorney to attend, we attend. A truthful answer that a client is unsure of is far better than a guess. For an interview based on a marriage, see our marriage green card lawyer page.

Green cards in removal proceedings

A family petition can be a defense to deportation. For a person in removal proceedings who is not an arriving alien, the immigration judge, not USCIS, decides the adjustment application, while USCIS still decides the I-130. The judge can continue the case while the petition is pending, weighing the factors the Board of Immigration Appeals set out in Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009). For arriving aliens, including many people paroled at the border, USCIS generally decides the adjustment even while the court case continues (8 C.F.R. § 245.2(a)(1) (opens in new tab)).

A petition by a parent, a son or daughter or a brother or sister can support adjustment in court too, but only when a visa number is available in the category; a priority date that is not yet current is usually not enough on its own. A marriage entered after proceedings began must meet the bona fide marriage exception under INA §§ 204(g) and 245(e); see marrying while in removal proceedings.

Where adjustment is not possible in court, a case may be administratively closed or dismissed so the relative can consular process with an I-601A waiver, or a person with a final order may move to reopen to seek adjustment. Long-term residents with U.S. citizen or permanent resident family may also qualify for cancellation of removal. Our removal defense guide explains the court process. For detention and bond, see when a loved one is detained by ICE.

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Mistakes that can hurt a green card case

• Leaving the country without a review. A departure can trigger the three- or ten-year bar or abandon a pending application.
• Filing without checking the history. A past removal order, a false claim to citizenship or a prior petition can change everything.
• Assuming an old arrest does not matter. The forms ask about every arrest, and some offenses make a person inadmissible. See our criminal immigration lawyer page.
• Marrying while waiting in F2B. The adult son or daughter of a permanent resident who marries loses the petition, because there is no category for a resident's married child.
• Counting on a U.S. citizen child for a waiver. A citizen son or daughter can petition for a parent but is not a qualifying relative for the I-601A unlawful-presence waiver.
• Ignoring a hearing notice. A person who misses an immigration hearing can be ordered removed in their absence.
• Letting a notario handle it. A "notario" is not a lawyer and cannot represent you before USCIS or in immigration court.

Serving Los Angeles & Southern California

Our office is in Van Nuys, in the San Fernando Valley, and we regularly handle cases in the immigration courts of Los Angeles and Southern California and the USCIS offices that serve them:

• Los Angeles immigration court
• West LA immigration court
• Van Nuys immigration court
• Santa Ana immigration court
• Adelanto immigration court (detained cases)
• San Diego immigration court
• Otay Mesa immigration court (detained cases)
• Imperial immigration court

See all Los Angeles-area immigration courts.

Our page on the Southern California immigration courts covers all eight court locations, including the border courts in San Diego, Otay Mesa and Imperial.

Immigration law is federal, so we represent clients across the country, before USCIS, U.S. consulates and the immigration courts. We appear in immigration courts in all 50 states, in person or by video where the court allows. Find your court among all 77 immigration courts. Meetings at the Van Nuys office are by appointment only.

Carlos Maury is licensed in Florida. Practice limited to federal immigration law; we represent clients in all 50 states.

About Carlos Maury

Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015 (EOIR announcement (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement in Los Angeles, rising to deputy chief counsel. Before that he was district counsel for the former Immigration and Naturalization Service in Miami from 2000 to 2002, and an assistant public defender in Florida's Eleventh Judicial Circuit from 1993 to 2000.

He earned his J.D. from the University of Miami School of Law in 1992 and his B.A. from City College of the City University of New York in 1989. He is a member of The Florida Bar (No. 964239) and works with clients in English and Spanish. Read more about Carlos Maury.

Frequently asked questions

What is the difference between adjustment of status and consular processing?

Adjustment of status is applying for the green card from inside the United States, with USCIS. Consular processing is applying for an immigrant visa at a U.S. embassy or consulate abroad. Which one fits depends on how you entered, your status history and whether leaving would trigger an unlawful-presence bar.

Can I get a green card if I entered the United States without inspection?

Usually not through adjustment of status, unless an older petition or labor certification preserves eligibility under section 245(i). Many people in this situation can instead consular process, often after applying for an I-601A provisional waiver from inside the United States. Get a review of your full history before anyone leaves.

Can I file the I-130 and the I-485 at the same time?

Yes, if you are an immediate relative of a U.S. citizen, such as a spouse, an unmarried child under 21 or a parent, and you otherwise qualify to adjust status. Relatives in the preference categories can file the I-485 only when a visa is available under the Visa Bulletin.

Can a U.S. citizen petition for their parents?

Yes, if the citizen is at least 21. A parent of an adult U.S. citizen is an immediate relative, so there is no waiting line once the I-130 is approved, and each parent needs a separate petition. A parent who entered without inspection usually has to finish the case abroad, and a U.S. citizen son or daughter does not count as a qualifying relative for the I-601A unlawful-presence waiver.

Can a U.S. citizen petition for a brother or sister?

Yes, if the citizen is at least 21 and the two share at least one parent. Brothers and sisters are in the F4 preference category, which has the longest waits of any family category; the brother or sister's spouse and unmarried children under 21 can usually come as derivatives. A permanent resident cannot petition for a sibling.

Can a permanent resident petition for a married son or daughter?

No. A permanent resident can petition only for a spouse and unmarried children. If an unmarried son or daughter in the F2B category marries, the petition is revoked. Once the parent becomes a U.S. citizen, they can petition for a married son or daughter in the F3 category.

Can I get a green card if I am in removal proceedings?

Often, yes. For most people in proceedings, the immigration judge decides the adjustment application while USCIS decides the family petition, and the judge may continue the case while the petition is pending. A visa number must be available in the relative's category.

Can Carlos Maury influence the judge or officer deciding my case?

No. Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case. What he offers is preparation and experience, not access.

Do you handle green card cases in Los Angeles and Southern California?

Yes. We handle adjustment of status, consular processing and family-based green card cases before the USCIS offices that serve Los Angeles and Southern California, and in the immigration courts in Los Angeles, Van Nuys, West LA and Santa Ana, at Adelanto for detained cases, and further south in San Diego, Otay Mesa and Imperial. Our office is in Van Nuys, in the San Fernando Valley, and meetings there are by appointment only. We also take cases at any immigration court nationwide.

Do you take cases outside California?

Yes. Immigration law is federal, so we represent clients before USCIS, U.S. consulates and immigration courts in all 50 states. Carlos Maury is licensed in Florida, and the practice is limited to federal immigration law.

What should I bring to the first call?

Have ready your passport and any visas, I-94 records, prior petitions and USCIS notices, birth and marriage certificates, any Notice to Appear or court papers, and any arrest or court records. Carlos Maury speaks English and Spanish.

Talk with a former immigration judge about your green card

Whether you are about to file, have a petition pending, face an interview or a denial, or are in removal proceedings, call to discuss your green card case. Hablamos español.

Call (213) 769-0050

Related services: Deportation defense lawyer · Asylum lawyer · Criminal immigration lawyer · Immigration bond lawyer · U visa & VAWA lawyer · Immigration waiver lawyer · Immigration appeals lawyer · Citizenship lawyer · Marriage green card lawyer · K-1 fiancé visa lawyer · TPS lawyer

Last reviewed: October 2, 2026.