If your I-485 application is denied, you may take steps to resolve the situation, including filing a Motion to Reopen or Reconsider, re-filing the form with corrections, and undergoing consular processing. Contacting an immigration lawyer for I-485 denial could help you make the right decision based on your situation.
For help with your case, contact the Chicago immigration attorneys here at Khalaf & Abuzir, LLC, by calling 708-233-1122.
What Does It Mean If Your I-485 Adjustment of Status Application Is Denied?
According to recent reports from U.S. Citizenship and Immigration Services (USCIS), one year up through Quarter 3 (Q3) saw 17,198 I-485 denials in the family category and 3,413 denials in the employment category, with hundreds of other denials across other categories.
If an I-485 is denied, this doesn’t necessarily mean that you are unable to establish permanent residency. You may be able to choose other ways to remain in the U.S., as individuals could get married while on a work visa for family-based immigration after initial employment-based immigration, for example.
Depending on the circumstances, you may also be able to reopen your case and get USCIS to review the application and reconsider their decision, rendering it valid and potentially approved.
Understanding the reason for the denial can help you determine how to proceed with your case. Reasons for denials include:
- Ineligibility due to working without authorization, visa overstays, or other factors that disqualify applicants
- General inadmissibility to the U.S.
- Issues when attempting to get a green card through marriage, such as suspected marriage fraud or the inability to prove a bona fide relationship
- Incomplete or incorrect documentation
- Underlying petition denials
- Errors on the part of USCIS
What Happens After an I-485 Denial, and Are You at Risk of Removal?
Following an I-485 denial, there are certain things to expect. Knowing how the process works could help you avoid deportation and decide on the next steps in your case.
First, carefully review your denial notice from USCIS, which will indicate the reason for the denial. You should then confirm your immigration status, as you may be in the country unlawfully if you have overstayed a visa or otherwise were not maintaining a valid status when the denial occurred.
If USCIS starts the removal process after a denial, the agency should send an accompanying Notice to Appear in Immigration Court or send this document shortly after the denial.
An employment immigration lawyer in Chicago could help you determine whether you face removal and guide you through the process of maintaining legal status within the U.S.
What Legal Options Do You Have to Stay in the U.S. After an I-485 Denial?
There are multiple Adjustment of Status denial options that could help you if USCIS denies your application. These avenues include:
Filing a Motion to Reopen or Reconsider
One option is to file Form I-290B, requesting either a Motion to Reconsider or a Motion to Reopen. Reconsidering the case will involve claims that USCIS made a mistake that resulted in the denial, while reopening it will entail providing additional supporting evidence that might not have been available when initially applying.
Re-Filing Your Application
You may also re-file your application if a fixable mistake led to the denial, correcting or updating any information as needed.
Appearing Before a Judge
If USCIS chooses to start the removal process, you may renew your application in front of an immigration judge.
Consular Processing
In the event you are outside the U.S. and wish to get a green card, you may be able to undergo consular processing through your nearest U.S. consulate.
Taking the Case to Federal Court
If a legal error resulted in a denial, you could challenge the decision via federal court. However, these cases often require a reliable attorney for representation, as they can involve many intricacies and be difficult to pursue.
Consult a Chicago Immigration Attorney
Has USCIS denied your I-485 or any other type of application? It’s often in your best interest to work with an experienced attorney to determine how to proceed with your case based on all available options.
The right lawyer will be able to discuss your unique case details and figure out how to reapply for adjustment of status or find other paths to legally work and live in the U.S. An attorney could also provide dependable representation if you face removal because of a denial or other circumstances, potentially helping prevent deportation.
For help from a family or employment immigration attorney in Chicago, the team here at Khalaf & Abuzir, LLC is here for you as soon as you need us. Contact an immigration lawyer today for assistance with your case.
FAQs
Does an I-485 denial mean I must leave the United States immediately?
You do not have to leave the U.S. immediately if USCIS denies your application for Adjustment of Status. However, you may need to take steps to leave the country as soon as possible unless you qualify for another type of legal status.
Can I refile or appeal after my I-485 adjustment of status is denied?
While you cannot appeal an I-485 denial in most cases, you may file a Motion to Reopen or Reconsider within 30 days of the denial by completing and submitting Form I-290B. In these instances, applicants may be able to prove that an error led to the denial and correct the mistake.
When should I contact an immigration attorney after an I-485 denial?
If you would like to file a Motion to Reopen or Reconsider or find other pathways to legal immigration within the U.S. after a denial, it’s important to speak with an immigration lawyer for I-485 denials. An attorney could review your case and determine the options available to you.
