what will my immigration lawyer suugest because my for i485 got 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.

Full Answer

Can a past denial affect a new I-485?

Past denial won’t influence a decision on a new one but past denial MUST need to be disclosed on Form I-485 as this form does ask about it. However, the chances of being approved on new I-485 would depend WHY it was denied last time.

How strict is the USCIS with Form I-485?

t he USCIS can be incredibly strict with the extensive process of a Form I-485, Application for Permanent Residence. You probably spent a lot of time preparing your documents to file and getting ready for the interview, and eventually, you found out that your application is denied.

Can I be deported for lying on my I-485?

Because I was told by a lawyer that once you lie to the gov't or commit a crime such as murder, prosititution, or, marriage fraud, etc, you will be deported and can never return to the US again. My I-485 got denied due to abandonment in Aug 2015. I am a Canadian Citizen and I went to visit my family in Canada without seeking advance parole.

What are the chances of being approved on a new I-485?

However, the chances of being approved on new I-485 would depend WHY it was denied last time. Because if it was denied because of some medical situation then you could re-file when medical condition has changed to satisfactory.

What happens if my adjustment of status is denied?

Adjustment of status is granted at the discretion of USCIS. If your application for adjustment of status has been denied, you can be subject to deportation (removal) proceedings. Seek the assistance of an experienced U.S. immigration attorney. The attorney can help you decide what to do next.

What are the chances of I-485 denial?

The denial rate for I-485 employment-based adjustment of status applications from a temporary visa to a green card increased from 5.9 percent to 7.9 percent. The denial rate for employment authorization documents jumped 6 percent to 9.6 percent.

What happens when your immigration case is denied?

If your case was denied, you can challenge the unfavorable decision by filing an appeal with the Board of Immigration Appeals (BIA), the highest administrative court, which reviews immigration court decisions. Subject to certain exceptions, an appeal to the BIA must be filed within 30 days of the negative ruling.

What happens if I-130 is approved and I-485 denied?

If the Form I- 130 petition is denied, the district director shall deny the Form I-485 application and the Form I- 601 accordingly. If the Form I-130 is approved, the district director shall issue a new decision fully addressing the applicant's ground of inadmissibility and the merits of his Form I-601 application.

Why does 485 get rejected?

Common reasons for denial of an I-485 application Certain criminal violations. Provide originals or copies (depending on whether you're filing from the US or abroad) including: Birth records such as birth certificates. Marriage certificates.

Why is i485 denied?

Most adjustment of status cases require that the foreign national maintain lawful immigration status until the date that the I-485, Application to Adjust Status is filed. If a foreign national has failed to maintain lawful immigration status, his/her application will be denied at the adjustment of status interview.

What happens to EAD if I-485 is denied?

If the I-485 is denied, then the applicant cannot remain in the U.S. and will have to leave. If, however, the applicant does not use the EAD, he/she will be able to retain his/her visa status and remain in the U.S. for the duration of his/her non-immigrant visa, even if the I-485 application is denied.

Can I-485 be denied after I 360 approval?

But here's the catch: If you file the I-360 at the same time as you apply for a green card using the Form I-485, then the denial of the I-360 and I-485 could send you to Immigration Court.

What are the chances of winning immigration appeal?

The Odds Of Winning Are Against You Few file an appeal. Only 35,000 to 40,000 – less than 20% – keep fighting to stay in the United States with their wife and children. Of the 35,000 to 40,000 who decide to fight the immigration court decision . . . . . . Only 10% win their appeals.

How long can you stay after 485 denied?

If you and your attorney nevertheless decide that this the best route for you to take, you would initiate by filing a Form I-290B, Notice of Appeal or Motion with USCIS within 30 days of notification of the denial (you get 33 days if you received the notification by mail).

Can immigration judge approved 485?

Once USCIS approves the I-130, the immigration judge will accept and make a decision on Form I-485, Application to Adjust Status or Register Permanent Residence. When reviewing the I-485, the immigration judge may apply special rules for persons who are adjusting status in court rather than through USCIS.

What happens to I 140 if I-485 is denied?

What Happens If the I-140 is Denied? If the I-140 is denied, USCIS has no basis for approving the related I-485 unless there is a second I-140 pending. In that case, as described above, USCIS may “match” the I-485 to the second I-140, or we can try to alert them and request a transfer to a pending I-140.

What does it mean to appeal to the Administration Appeals Office?

Appealing to the Administration Appeals Office. means taking your case out from one officer and asking a different officer to handle it. You cannot do this just because you didn’t like the previous officer’s decision, but because you believe that the first USCIS officer made an error in your case.

Can you file a motion to reopen a case?

On the other hand, you can file a Motion to Reopen when there is new evidence that was previously unavailable to you but may change the case’s outcome if the matter were reopened to consider the new evidence.

Can I bring witnesses to a hearing on I-485?

At this hearing, you will present your case to the judge, the one you submitted to USCIS for your I-485 , but you can also bring any additional evidence that you think will help your case be stronger. Also, you can bring witnesses to testify.

Is the I-485 application strict?

t he USCIS can be incredibly strict with the extensive process of a Form I-485, Application for Permanent Residence. You probably spent a lot of time preparing your documents to file and getting ready for the interview, and eventually, you found out that your application is denied. The first thing to know is that denial does not mean ...

Can I file a new I-485 if I have a denial?

But this time, make sure that you build a stronger case almost from the beginning. You could skip the step and simply file a new I-485 with relevant evidence and fees if USCIS did not deny or revoke your I-130 or I-129F. If the denial was based on something you could not provide enough evidence, this option is beneficial for you. This might be the case if the USCIS officer previously suspected that your marriage wasn’t bona fide. So, this time you and your spouse can provide new evidence proving the marriage life you are building together.

1 attorney answer

The Immigration Judge has the authority to grant approval of your I-485. If you now have all documents necessary for the approval and the USCIS has already approved your I-130 present all of these documents to the judge and ask him to approve your I-485. If the USCIS has not yet approved your I-130 you may do a Motion to Reopen - if it...

Kyndra L. Mulder

The Immigration Judge has the authority to grant approval of your I-485. If you now have all documents necessary for the approval and the USCIS has already approved your I-130 present all of these documents to the judge and ask him to approve your I-485. If the USCIS has not yet approved your I-130 you may do a Motion to Reopen - if it...