Common Reasons for I-485 (AOS) Denial and What to Do

For many immigrants in the U.S., the Form I-485 Adjustment of Status (AOS) represents a crucial step toward obtaining a green card and securing lawful permanent residency. However, the process isn’t always straightforward, and applications can be denied for various reasons. Understanding the common causes of I-485 denials and knowing what to do if your application is rejected can make a significant difference in reaching your immigration goals. we’ll cover the most common reasons for I-485 denials and provide guidance on actions you can take if faced with a denial.

Ineligibility for Adjustment of Status

Adjustment of Status allows individuals already in the U.S. on certain types of visas to apply for a green card without leaving the country. However, not everyone is eligible for AOS. For instance, individuals who entered the U.S. without inspection or those who have an immigration violation may be ineligible.

• What to Do: If ineligibility is cited as the reason for denial, consult an immigration attorney to explore alternative pathways. You may qualify for other forms of relief, such as consular processing or a waiver. An experienced attorney can assess your situation and guide you toward the best course of action.

Failure to Maintain Lawful Status

One of the primary requirements for AOS applicants is that they must have entered the U.S. lawfully and maintained a lawful status throughout their stay. If there’s evidence that you overstayed your visa or engaged in unauthorized employment, this can lead to a denial.

• What to Do: Gather any documents that may prove your compliance with visa requirements. If you inadvertently violated your visa terms, you may be eligible for a waiver. Consulting with an immigration attorney can help determine if a waiver is possible and guide you through the process.

Criminal Background Issues

Certain criminal convictions, particularly those involving drugs, theft, or violent crimes, can make an applicant inadmissible for adjustment of status. While minor infractions may not lead to a denial, more serious charges or convictions typically result in disqualification.

• What to Do: If your application is denied due to criminal history, seek legal counsel to determine if you qualify for a waiver. In some cases, it may be possible to obtain a waiver of inadmissibility that will allow you to move forward with the AOS application.

Health-Related Grounds

The U.S. Citizenship and Immigration Services (USCIS) requires all applicants to undergo a medical examination as part of the AOS process. Applicants may be denied if they have a communicable disease that poses a public health risk, fail to complete required vaccinations, or refuse medical examinations.

• What to Do: If your denial stems from a health-related issue, make an appointment with a USCIS-approved physician and ensure all required vaccinations and tests are completed. Address any health concerns that USCIS may have flagged and provide evidence of compliance when reapplying.

Inadequate Documentation

Incomplete or missing documentation is one of the most common reasons for I-485 denials. USCIS requires a range of documents, including proof of identity, birth certificates, marriage certificates, financial support evidence, and more. Missing documents or incomplete forms can delay or even derail your application.

• What to Do: Double-check that all required forms are complete, signed, and accompanied by the correct documentation. If your I-485 was denied due to incomplete paperwork, submit a new application with all necessary documents and ensure there are no gaps in your submission.

Failure to Attend Biometrics or Interview Appointment

The biometrics appointment and interview are mandatory parts of the AOS process. Missing these appointments without a valid reason and advance notice can result in denial.

• What to Do: If you missed an appointment due to an emergency, immediately contact USCIS to reschedule and explain the reason for your absence. If your case has already been denied, consult an immigration attorney to help you navigate your options and determine if you can file a motion to reopen.

Public Charge Grounds

USCIS assesses whether an applicant is likely to become a public charge—meaning they might depend on government benefits for support. Applicants must provide evidence of financial stability or show they have a financial sponsor.

• What to Do: If your application was denied due to public charge concerns, you may be able to strengthen your financial documentation by providing proof of income, assets, or a letter from a co-sponsor. Consider consulting with an attorney who can help ensure that you meet the financial requirements.

Misrepresentation or Fraud

Any indication of misrepresentation or fraudulent information on your I-485 application can lead to a denial and potentially a ban from reentry into the U.S. USCIS thoroughly checks for inconsistencies and inaccuracies, so honesty is crucial.

• What to Do: If your denial was due to a misunderstanding or unintentional error, consult with an immigration attorney to see if you can clarify or rectify the issue. A waiver may also be available if you can demonstrate that the misrepresentation was not deliberate.

Marriage-Based Green Card Denial Due to Suspicion of Fraud

Marriage-based green card applications undergo rigorous scrutiny to ensure they are not fraudulent. If USCIS suspects that a marriage is solely for immigration purposes, the application may be denied.

• What to Do: Provide additional evidence to support the authenticity of your marriage, such as shared financial accounts, property ownership, or photographs together. A denial based on marriage fraud allegations can be challenging to overcome, so consider working closely with an attorney to present a compelling case.

Failure to Respond to a Request for Evidence (RFE)

If USCIS requires more information to complete your application, they will issue a Request for Evidence (RFE). Failure to respond or an inadequate response can lead to denial.

• What to Do: If your application was denied due to an RFE, review the request carefully and gather the necessary documentation. Working with an attorney can ensure you respond thoroughly to avoid future issues with your application.

What to Do If Your I-485 is Denied

If your I-485 application is denied, you may still have options for recourse. Here’s a guide to the next steps you can take:

1. Consult with an Immigration Attorney: An attorney specializing in immigration law can evaluate the reasons for denial and help determine if you’re eligible for a motion to reopen, motion to reconsider, or an appeal.
2. File a Motion to Reopen or Reconsider: You can file a motion to reopen if you have new evidence or a motion to reconsider if you believe USCIS made an error in their decision. Both motions must be filed promptly, and an attorney can assist with the legal requirements.
3. Explore Alternative Pathways: If AOS isn’t possible, consular processing may be an option. With consular processing, you apply for a green card from your home country, which could provide another pathway to lawful permanent residency.
4. Prepare a New Application: If your denial is due to missing or incomplete documents, you may be able to submit a new application. Ensure that all documents are organized, accurate, and complete this time.
5. Understand Appeal Deadlines: Timing is crucial when dealing with denials. An immigration attorney can help ensure that any motions or appeals are filed within USCIS deadlines, which can vary depending on the type of decision.

Conclusion

The I-485 Adjustment of Status process can be complicated, with numerous requirements and potential roadblocks. If your application is denied, it’s essential to understand the reason for the denial and take prompt action to correct any issues. Working with an experienced immigration attorney can help you navigate the complexities of the system, strengthen your application, and pursue alternative options if needed. With thorough preparation and guidance, you can improve your chances of a successful adjustment of status and take a step closer to your immigration goals in the United States.

You can also read: Cross Chargeability in Green Card Processing