Adjustment of Status
If you are a foreign national who is physically in the United States and want to apply for a Green Card, then you can adjust your status by filing an application for green card without having to return to your home country to complete the visa processing. If you are outside of the United States, you must obtain your visa abroad through consular processing.
You may not be eligible to apply for adjustment of status if one or more bars under INA Section 245(c) to adjustment applies to you. The bars may apply if you entered the United States in a particular status or manner, or violated the immigration laws. Depending on how you entered the United States or if you committed a particular act or violation of immigration law, you may be barred from adjusting status. Some examples include but are not limited to engaging in unauthorized employment, unlawful immigration status on the date the adjustment application is filed, or failing to continuously maintain legal status for even a single day since entry into the United States. The fact is, there are many aspects of the green card application that can lead to delays or denials such as errors and misinterpretations, etc.
Denial of Green Card After Applying to Adjust Status in the U.S.
If you applied for adjustment of status and received a USCIS notice telling you that your application has been denied, read the notice carefully. One of the things USCIS will tell you is whether you can appeal the denial, and if so, how. If you are allowed to appeal, there will be a fee and a deadline for filing the appeal — don’t miss it. If you’re not allowed to appeal, you can file a motion to have your case reopened or reconsidered. These motions are different than an appeal because you’re basically asking the same person who denied your application to change their mind. A motion to reconsider is what you file when you think the officer denied you for a wrong reason. You file a motion to reopen when the situation has changed or new facts have come to light since the officer made the decision denying your green card.
Avoid Delay or Denial
If you are planning to file for adjustment of status, you should consider contacting us for a free consultation before submitting any USCIS form.