Can ICE Detain Me Even if I Have a Pending Green Card Application?

A pending green card application often represents hope, the culmination of months or years of work toward a more secure life in the United States. Many applicants also assume that filing this petition with U.S. Citizenship and Immigration Services (USCIS) creates a kind of legal shield for them and/or provides them with legal status in the U.S. Be aware: it does not.

At Kriezelman Burton & Associates, LLC, our Chicago-based immigration attorneys have represented thousands of individuals in everything from green card applications to removal proceedings. We understand the difficulty of determining your legal status in the eyes of USCIS and U.S. Immigration and Customs Enforcement (ICE), especially when an application is pending and has not been approved. The questions below address what every applicant should understand in these moments.

Does a Pending Green Card Application Prevent ICE From Detaining Someone?

Simply filing an application for adjustment of status or an immigrant visa petition does not suspend ICE’s authority to arrest and detain a noncitizen. While a pending Form I-485 (Adjustment of Status application) allows the applicant to enter a period of “authorized stay” and prevents the accumulation of unlawful presence, it does not grant any official legal status. Furthermore, ICE retains the authority to place individuals in removal proceedings at any stage of the application process.

What Factors Increase the Risk of ICE Detention?

Certain circumstances can significantly raise the likelihood of detention, even for applicants actively pursuing a green card. These can include:

• Prior removal orders: A previously issued order of removal can trigger immediate action, even if it is old or the individual believed it was resolved.
• Unlawful presence: Extended periods without valid status in the applicant’s immigration history may make them a higher enforcement priority.
• Status violations: Overstaying a visa or violating the terms of a prior visa category can draw ICE attention.
• Criminal history: Any criminal record, including arrests without conviction, can elevate an individual’s enforcement priority under current DHS guidelines.

Can a Green Card Application Continue After ICE Places Someone in Removal Proceedings?

This depends on the specific facts of the case. In some circumstances, an immigration judge has the authority to consider adjustment of status as a form of relief within removal proceedings. In others, the application may be terminated or require separate action.

Relevant factors include:

• The basis of the green card petition (family-based, employment-based, etc.)
• Whether the underlying visa petition remains approved and valid
• The nature of the grounds for removal
• Whether the applicant is eligible to seek relief before the immigration court

An immigration attorney can assess whether adjustment of status remains a viable option inside or outside of removal proceedings.

What Options Are Available for Release While a Green Card Application Remains Pending?

Detention does not necessarily mean deportation. Several legal tools may be available:

• Bond hearing: An immigration judge may set a bond allowing release from detention 
• Habeas corpus petition: If the detention is unlawful, a federal court petition may be able to secure release
• Prosecutorial discretion: In limited cases, ICE may agree to exercise discretion and release an individual
• Emergency stay of removal: If a removal order exists, an attorney may seek an emergency stay while appeals or motions are filed

In most cases, rapid legal intervention is what makes the difference between release and deportation.

What to Do if You or a Family Member Is Detained by ICE

1. Contact an immigration attorney immediately—do not wait
2. Document all details of the detention, like location, date, time, and any paperwork received
3. Request a bond hearing as soon as possible, if eligible
4. Preserve all records related to the pending green card application

Speak With an Immigration Attorney Today

The intersection of pending applications and ICE enforcement is legally complex and high-stakes. A misunderstanding or incorrect legal strategy at this stage can result in detention, removal, and a bar to future immigration benefits.

The attorneys at Kriezelman Burton & Associates, LLC have advocated for immigrants since 1974 in immigration court, federal court, and before USCIS. If you or a loved one is facing this situation, do not delay. Contact our office or schedule a confidential consultation online to discuss your case.