Did you fill out Form I-485 to apply for a green card within the United States, to request an adjustment of status? If you are an immigrant to the United States of America and the USCIS (United States Citizenship and Immigration Services) denies your adjustment of status application (to Permanent Resident), you still have options.
Attempt to Avoid a Denial:
It’s very rare for the USCIS to issue a flat denial on an adjustment of status application without giving warning beforehand. “Warnings” typically occur at the end of the green card interview. Your interviewer may advise you that your U.S. petitioner does not make enough money to sponsor you and you are given time so you can find an additional sponsor. You may seem to have a medical condition that would leave you inadmissible, in which case you would be sent to a doctor for an examination. The validity of your marriage to a U.S. citizen petitioner may be in question. In this case, the interviewer will request additional documents showing that you live together, share financial accounts and assets, etc. If one of these situations, or another similar case, occurs at your interview, get in touch with an experienced family-based immigration attorney as soon as possible for assistance in gathering the necessary documents/proof. It is significantly easier to overcome doubts and get your green card approved than to deal with the aftermath of a denial.
After Your Adjustment of Status Application is Denied:
If USCIS rejects your adjustment of status application, you will receive notification in writing that includes the reason for the denial. There is no formal procedure for appealing a denial, but you may be able to request the decision be reviewed or reapply. Those who do not currently have a legal right to be in the United States may not have the opportunity to ask a judge to review the case due to USCIS immediately starting immigration court proceedings for removal.
Eligible to Request USCIS Review?
Depending on the situation, you may be eligible to request the USCIS Administrative Appeals Office (AAO) review the denial. To request a review, submit USCIS Form I-290B with the assistance of an experienced family-based immigration attorney.
Denial Without Prejudice:
Most adjustment of status denials are made without prejudice so you can file another application. Submitting a new application for a green card is usually easier than filing a request for review because you are not attempting to get the USCIS to admit they made a mistake in denying your application.
If your adjustment of status application has been denied and you need the assistance of an experienced family-based immigration attorney, please get in touch with one of the U.S. immigration lawyers at Aronow Law PC.