What to Do If Your Adjustment of Status is Denied

If your immigration petition is approved and you are already in the US, you can apply for adjustment of status. For adjustment of status, you need not leave the US. Instead you must submit an application for adjustment of status on Form I-485.

Procedure

You must submit your completed Form I-485 along with evidence of your approved immigration petition to the USCIS office having jurisdiction over your place of residence in the US. You may be called for an interview. Once the USCIS reviews your application, it will either grant you an adjustment of status or deny your application. Merely because your immigration petition has been approved and you are already in the US, it does not mean that your application for adjustment of status will be automatically approved. If the USCIS rejects your application for adjustment of status, it will send you a written notification informing you the reason for the denial. There is no procedure for appealing this decision. But you can request the USCIS to review its decision.

Review

You must submit your request to review the decision on Form I-290B. You should provide documentary evidence in support of your request. You must pay an application fee of $585. The completed Form I-290B along with the documentary evidence and fees must be submitted to the USCIS office that denied your application for adjustment of status. It is important that you file your request quickly. You have 30 calendar days from the date of service of the decision to submit a request for review. If the decision was mailed to you, you must submit the request within 33 calendar days. Weekends and public holidays are counted while determining the number of days. Once the USCIS receives your request to review, the USCIS will process your request and inform you of its decision in writing.

Other options

Generally majority of adjustment of status denials are without prejudice. When your application for adjustment of status is denied without prejudice, it means that you can file another application for adjustment of status.

Getting legal help

Adjustment of status is not automatic. It is granted at the discretion of the USCIS. If your application for adjustment of status has been denied, you can be subject to deportation proceedings. You should seek the assistance of an experienced US immigration attorney. The attorney can advise you on what to do if your adjustment of status is denied.