I-485（身份调整）被拒的常见原因及应对方法

For many people who wish to immigrate to the United States, the I-485 Adjustment of Status (AOS) is a critical step in obtaining lawful permanent residency. However, the process is not always smooth, and AOS can be denied for a variety of reasons. Understanding the common reasons for AOS denials and knowing how to address them can go a long way in helping you achieve your immigration goals.

This article will describe the most common reasons why I-485 petitions are denied and provide some initial suggestions on what you can do in response.

Not eligible for adjustment of status

Adjustment of status allows certain individuals who entered the United States on a nonimmigrant visa to apply for a green card without leaving the United States. However, not every foreign national in the United States is eligible to apply for adjustment of status. For example, individuals who entered the United States without border inspection or individuals with immigration violations may not be eligible.

• What to do : If the denial is based on ineligibility, consult an immigration attorney to explore other avenues available to you. You may be eligible for other forms of relief, such as consular processing or applying for a waiver. An experienced attorney can evaluate your situation and guide you on the best course of action.

• Failure to Maintain Lawful Status : To be able to adjust status, you must have entered the U.S. lawfully and maintained lawful status during your stay. If there is evidence that you have overstayed or worked without authorization, your application may be denied.
• What to do : Gather all the documents that prove you meet the requirements of your visa. If you accidentally violated the requirements of your visa, you may be eligible for a waiver. Consulting an immigration attorney can help you determine if a waiver is available and guide you through the process.
• Criminal Background Questions Certain criminal convictions, particularly those involving drugs, theft, or violent crimes, may make an applicant ineligible for adjustment of status. While minor offenses may not result in a denial, more serious charges or convictions often lead to disqualification.
• What to do : If your application is denied based on your criminal record, consult an immigration attorney to determine if you qualify for a waiver. In some cases, you may be able to obtain a waiver to proceed with your adjustment of status application.
• Health-Related Reasons USCIS requires all applicants to undergo a medical examination during the adjustment of status process. Applicants may be denied if they have a communicable disease that poses a risk to public health, have not completed required vaccinations, or refuse a medical examination without a valid reason.
• What to do : If your application is rejected on health grounds, make an appointment with a doctor designated by the immigration department and make sure you have completed all required vaccinations and tests. Resolve any health issues pointed out by the immigration department and provide proof of compliance when you reapply.
• Missing or incomplete documents are one of the most common reasons for I-485 petition denials. USCIS requires a range of documents, including proof of identity, birth certificate, marriage certificate, proof of financial support, etc. Missing documents or incomplete forms may delay or even invalidate your application.
• What to do : Double-check that all required forms are complete, signed, and accompanied by the correct supporting documents. If your I-485 petition was denied due to incomplete documents, submit a new petition with all required documents and make sure there are no gaps in your submission.
• Failure to attend biometrics or interview appointments Biometrics appointments and interviews are important parts of adjustment of status. Failure to attend these appointments without good cause or advance notice may result in the denial of your application.
• What to do : If you miss your appointment due to an emergency, contact USCIS immediately to reschedule and explain your absence. If your case has been denied, consult an immigration attorney to help you understand your options and determine if you can file a Motion to Reopen.
• Public Charge USCIS assesses whether applicants are likely to become a public charge, meaning they may be dependent on government benefits to make ends meet. Applicants must provide evidence of financial stability or show that they have a financial sponsor.
• What to do : If your application is denied because of public charge, you can strengthen your financial background by providing proof of income, assets, or a letter from a co-sponsor. You can also talk to an attorney to see what advice they can offer.
•  Misrepresentation or Fraud Any misrepresentation or fraudulent information in your I-485 application may result in the denial of your application and may even result in a ban from re-entering the U.S. USCIS thoroughly checks for inconsistencies and inaccuracies, so honesty is of utmost importance.
• What to do : If your application was denied due to a misunderstanding or an honest mistake, consult an immigration attorney to see if you can clarify or correct the issue. You may also be able to get a waiver if you can prove that the misrepresentation was not intentional.
• Marriage-based green card applications are often subject to strict scrutiny to ensure that there is no fraud. If the USCIS suspects that the applicant’s marriage was purely for immigration purposes, the application may be denied.
• What to do : Provide more evidence to prove the authenticity of the marriage, such as joint financial accounts, property ownership, or photos. It is difficult to overturn an adjustment of status denial due to marriage fraud, so consider working closely with an attorney to present a convincing case.
• Failure to Respond to a Request for Evidence (RFE) in a Timely Manner If USCIS needs more information to complete your application, they will issue a Request for Evidence (RFE). Failure to respond in a timely manner or an inadequate response may result in a denial.
• What to do : If your application is denied due to failure to respond to a RFE, carefully review the notice requirements, collect the necessary documents, and consult an attorney to see if you can resubmit your application.

What should I do if my application is rejected?

If your I-485 petition is denied, you may still have remedies. Here are some next steps you may want to consider taking:

• Consult an immigration attorney: An immigration attorney can evaluate the reasons for the denial and help determine if you are eligible to file a Motion to Reopen, Motion to Reconsider, or Appeal.
• File a motion for reconsideration or reconsideration: You can file a motion for reconsideration if you have new evidence or a motion for reconsideration if you think the USCIS made an error in its decision. Both motions must be filed in a timely manner, and you may wish to seek the assistance of an attorney.
• Explore alternative avenues: If adjustment of status is not possible, consular processing may be another option.
• Resubmit your application: If your application was rejected due to missing or incomplete documents, you can submit a new application. Please make sure all your documents are in order, accurate, and complete.

Know the deadlines for appeals: When appealing a denial, time is of the essence. An immigration attorney can ensure that any motions or appeals are filed within USCIS deadlines (which may vary depending on the type of decision).

Conclusion

The I-485 adjustment of status process can be complex, with many requirements and potential obstacles. If your application is denied, it is critical to understand the reasons for the denial and take immediate action to correct the problem. Working with an experienced immigration attorney can help you navigate the complexities of the system and seek alternatives when necessary. With adequate preparation and guidance, you can increase your chances of a successful application and get closer to your goal of immigrating to the United States.