Denied I-485


My I-485 Application was Denied

Question: USCIS denied my I-485. What do I do now?

Answer: An application for adjustment of status (Form I-485) can be denied for many reasons. First, an attorney needs to review your file and determine why your I485 was denied.

Question: What are the different reasons for denial of an I-485 application?

Answer: In order to answer this question, I need to know the basis for filing of an I-485 application. There are different grounds based on which an applicant can file for adjustment of status. An applicant MUST be eligible to adjust status in order for the application to get approved. In other words, the applicant must meet all requirements of the Immigration and Nationality Statute. In addition, an applicant must be "admissible" for purposes of adjusting status to a permanent resident.

Question: My I-485 was denied. The officer claimed I misrepresented information.

Answer: You need to obtain a copy of your application and the denial decision and meet with an immigration lawyer as soon as possible.

Question: I filled out the I-485 form correctly but my application was denied.

Answer: First of all, unless you are an immigration attorney, you cannot really be sure whether you filled out the form correctly. Second, filling out a form correctly does NOT guarantee approval because you need to meet all requirements for adjustment of status. You may feel the form correctly but you may be ineligible for adjustment of status. Most people make the mistake to think that they can fill out the form and get approved. This is far from the truth. You need to consult an immigration lawyer who can determine the reason for the denial.

Question: My I-485 based on marriage was denied but the I-130 was approved. Why was my I-485 denied:

Answer: If your I-130 was approved but I-485 was denied, the USCIS officer probably determined that you were inadmissible for purposes of adjustment of status or did not meet all requirements for adjustment of status. That determination may be incorrect so it is imperative that you schedule an appointment with an immigration lawyer.

Question: Can I appeal my denied I-485?

Answer: You may be able to file a motion to reconsider, motion to reopen, file a new application, or have an immigration judge rule on your I-485. It all depends on the specific circumstances and the reason for the denial.

Question: My I-485 was denied. Can I be deported?

Answer: Yes, especially if you do not have an immigration lawyer. Once an I-485 application is denied, USCIS may or may not send you a Notice to Appear (NTA). The NTA starts the removal proceedings and you will have to appear in immigration court. It is very important that you retain an immigration lawyer who can fight for you.