“Was the Beneficiary Ever in Immigration Proceedings?” How to Answer on Form I-130 and Form I-485

By and

Two forms labeled I-130 and I-485 connected by a ribbon to a prior-proceedings folder beside a green book.

Answer “Yes” if the beneficiary has ever been in removal, deportation, exclusion or rescission proceedings, and on the I-485, expedited removal too. That includes a case that ended years ago or ended without a removal order. On the I-130, then give the type, place and date the form asks for. The answer matters in two ways. A marriage that took place during proceedings triggers a special evidence requirement for the I-130. Pending removal or deportation proceedings usually mean the immigration judge, not USCIS, decides the green card application.

If the beneficiary is in a pending case now, also read our guide to why an approved I-130 does not end removal proceedings.

What the forms actually ask

The Form I-130 (edition 04/01/24) asks, “Was the beneficiary EVER in immigration proceedings?” It then asks for the type (removal, exclusion/deportation, rescission or other judicial proceedings), city, state and date. The Form I-485 (edition 09/18/26) asks whether the applicant is “presently” or has “EVER been in removal, exclusion, rescission, or deportation proceedings, including expedited removal proceedings.”

For the marriage rule discussed below, 8 C.F.R. § 245.1(c)(8)(i) says proceedings begin with one of these:

Under 8 C.F.R. § 1003.14(a), proceedings before an immigration judge begin when DHS files the charging document with the court.

In our view, those definitions answer legal questions; they do not narrow the form’s “EVER.” If the beneficiary received a Notice to Appear but is unsure whether it was filed, or was stopped at the border and is unsure what was issued, the honest answer starts with records, not memory. Describe what happened and attach what you have. Do not mark “No” because the case was dismissed, terminated, closed or old.

Why it matters for the I-130: a marriage during proceedings

Under 8 C.F.R. § 204.2(a)(1)(iii), a spousal petition may not be approved if the marriage occurred on or after November 10, 1986, while the beneficiary was in exclusion, deportation or removal proceedings, or related court proceedings. There are exemptions.

That makes the dates important. Put the marriage date next to the date proceedings began and the date and manner in which they ended. The regulation’s evidence list for the exemption includes joint property or lease records, commingled finances, children’s birth certificates and detailed third-party affidavits.

Why it matters for the I-485: who decides

Under 8 C.F.R. § 245.2(a)(1), USCIS decides adjustment applications unless the immigration judge has jurisdiction under § 1245.2(a)(1). That rule gives the judge “hearing the proceeding” exclusive jurisdiction when the person has been placed in deportation or removal proceedings, “other than as an arriving alien.”

For an arriving alien in removal proceedings, the judge generally lacks jurisdiction over adjustment, and the application goes to USCIS. The exception requires all four of these conditions:

The I-485 instructions tell applicants in proceedings to file with the immigration court, “unless otherwise noted.” They name T- and U-based adjustment as categories USCIS decides even during removal proceedings.

Read literally, the rule addresses a case the judge is hearing. In our reading, a past case that ended raises different questions, especially if it ended in a removal order or a departure. Have counsel review it before choosing where to file.

Whether a pending case can be ended so USCIS can decide is a separate issue. The 2024 EOIR rule that set out termination and administrative closure procedures in 8 C.F.R. § 1003.18 was vacated in Texas v. Department of Justice, No. 7:26-cv-00070-O, ECF No. 5 (N.D. Tex. June 22, 2026), and would-be intervenors’ motions to stay that judgment pending appeal were denied in September 2026. Get current advice on that question.

How to answer truthfully, with documents

  • Collect every Notice to Appear, Order to Show Cause, hearing notice, expedited removal or border paperwork, and judge or Board order.
  • Check the A-number in EOIR’s Automated Case Information system. If records are missing, request them; our A-file FOIA guide explains how.
  • If there was more than one case, list each one. The I-130 instructions direct you to use the additional-information space, identifying the page, part and item number.
  • Make the answers match across the I-130, the I-485 and any earlier filings. A discrepancy invites questions even when the underlying history is not disqualifying.

Call (949) 343-9735 or email office@mishrax.com.

Sources