On certain occasions, U.S. Citizenship and Immigration Services (USCIS, for its acronym in English) denies applications for permanent residence cards or Green Cards, procedures that are known as Adjustment of Status and that are presented by immigrants who are within the United States.
There are many causes for Adjustment of Status to be denied, but it generally occurs because the necessary requirements to be eligible are not met or because USCIS alleges grounds of inadmissibility.
Whatever the cause of the denial of the Adjustment of Status, the consequences that this originates for the immigrant are quite serious, since they will have to leave the North American territory and if they don’t, they will have to face a deportation process against them.
In the event that your request for Adjustment of Status has been denied, there is a possibility to appeal the USCIS decision. Here we explain a little more about what actions you can take, if you are going through this difficult situation.
Why is Adjustment of Status Denied?
There are many reasons why Adjustment of Status is denied, the most common of which are fraud, data falsification, abuse of public benefits and other crimes.
What happens when USCIS denies the request for Permanent Residence or Green Card?
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If your application for Permanent Residence is denied, USCIS will send you a notice, in which it will explain the reason for the decision and whether you may be able to file an appeal. In some cases, motions for reopening or reconsideration may be filed.
How can an appeal be filed?
If you are granted the opportunity to file an appeal or motion, instructions on how to do so will be provided in the notice you will receive from USCIS.
What options do I have if I am denied Adjustment of Status?
When adjustment of status is denied, there are 3 possible options you can take:
- Request a review.
- Submit a new application for a permanent residence card, once the problem has been solved. For this, you may have to wait outside of the US.
- Defense in an immigration court during the deportation process.
What is a request for review?
If you believe that the USCIS has made a mistake with your application, you have the option of requesting a review of the decision issued. To do this, you must fill out form I-290B: Notice of Appeal or Motion, within a period of no more than 30 days after receiving the notification of the denial.
How can the application for Adjustment of Status be resubmitted?
You can resubmit the application, re-entering the corresponding forms and the necessary documentation, as well as you must again cancel the corresponding fee.
If you have a valid immigration document to legally stay in the country, you will not have to leave the US and you will be able to continue with your process on a regular basis; otherwise, you must immediately leave the country and begin the process of requesting the residence card through a consular procedure.
It’s important to clarify that the causes that led to the refusal must be taken into account before submitting a new application, because if circumstances disqualify you for the adjustment, you will get a new refusal. It’s advisable that you seek legal help, to know which is your best option.
What can I do in case of deportation proceedings?
Usually after Adjustment of Status is denied, deportation proceedings begin. This is a civil process, which is carried out before an Immigration Judge and depending on your case, you can appeal or start the process again.
If the USCIS denies you the Adjustment of Status, you don’t have legal protection to stay in the US and the deportation process begins, you can request, depending on your case, the cancellation of deportation, suspension, asylum, among others. The most advisable thing is that you are represented by a lawyer specialized in immigration law.
If you have been denied your Adjustment of Status, it’s best to consult with experts in immigration procedures, the immigration laws of the United States are very complex and the slightest mistake can have serious repercussions for you.
At Tramites de Inmigracion USA Corp we put at your disposal a team of qualified lawyers specialized in US Immigration Law, who will help you make the best decision about what options you have and what is the best way to solve your situation.
Call now! Representing an immigration attorney can make a huge difference in the outcome of your case!
Contact us at 1 (786) 776-7152 or 1 (786) 786-5088.