Who has jurisdiction over the I-485 if the subject has been issued an NTA?

The jurisdiction over an I-485 application, which is the application for adjustment of status, shifts to an Immigration Judge when a Notice to Appear (NTA) has been issued. An NTA signals that removal proceedings have begun against the individual, meaning the individual is facing potential deportation.

In this scenario, the case is no longer solely within the purview of USCIS, which primarily handles immigration benefits and status adjustments outside of formal removal proceedings. Once an NTA is issued, the matter is transferred to the immigration court system, where an Immigration Judge will preside over the case. This transition is crucial because it reflects the legal process that determines whether an individual can remain in the United States or must depart.

Other entities like the Department of State and Federal Court do not have jurisdiction in the context of a pending I-485 application after an NTA has been issued. The Department of State manages visa applications and consular matters, while Federal Courts handle broader legal issues that might involve immigration cases but are not directly responsible for individual adjustment of status applications in administrative proceedings. Thus, the issuance of an NTA clearly designates the Immigration Judge as the appropriate authority for jurisdiction over the I-485 application in this scenario.