Pending residency application does not stop removal proceedings in court

In an October 8 interview, attorney Claudia Cañizares warned that a pending residency application before USCIS does not by itself suspend removal proceedings or ensure that a judge will postpone the case.

Cañizares said some immigrants, including people who entered through CBP One, believe they do not need to present a defense in court because they applied for residency under the Cuban Adjustment Act. She warned that this decision could expose them to a removal order even while USCIS has not decided the application.

The attorney said some judges may require a person to identify the defense or immigration remedy they plan to present. She also emphasized that court hearings, instructions and deadlines must be followed while the agency reviews the residency application.