If a subject is paroled into the U.S. for removal proceedings and granted Voluntary Departure, who has jurisdiction over their I-485 application?

The correct answer indicates that USCIS has jurisdiction over the I-485 application for a subject who has been paroled into the U.S. for removal proceedings and granted Voluntary Departure. This happens because, in the context of immigration, the I-485 application, which is the application to register permanent residence or adjust status, is typically processed by USCIS, regardless of the individual's current circumstances regarding removal proceedings.

While the Immigration Judge plays a crucial role in removal proceedings and can grant certain forms of relief, such as Voluntary Departure, the adjudication of the adjustment of status application itself is under USCIS’s authority. When a person is granted Voluntary Departure, they are essentially allowed to leave the U.S. voluntarily instead of being formally removed, and this decision allows them to pursue an adjustment of status through USCIS rather than through the immigration court system.

ICE, which is involved in enforcement, has authority over individuals who may be subject to immigration detention or removal but does not adjudicate applications for status adjustments. Federal Court jurisdiction typically pertains to appeals or other legal matters rather than the direct processing of immigrant status applications like the I-485.

Thus, given these dynamics, USCIS is the appropriate agency to have jurisdiction over the individual's I-