Getting The Results You Should Expect When Hiring An Immigration Attorney

Why might your adjustment of status application be denied?

On Behalf of | Nov 30, 2023 | Immigration Law

Navigating the complex terrain of U.S. immigration law can be overwhelming, especially when you’re attempting to adjust your status.

Understanding the potential reasons why your adjustment of status application might face denial can offer insights that can enhance your chances of ultimately achieving success.

The adjustment of status process

The adjustment of status is a critical step for individuals seeking to transition from a non-immigrant to an immigrant status while already present in the United States.

To start the process, individuals must meet specific eligibility criteria. These may include:

  • Maintaining a lawful non-immigrant status
  • Having an approved immigrant petition
  • Being physically present in the U.S.

However, despite meeting the eligibility criteria, applicants may encounter hurdles that lead to denial. Being aware of these potential mistakes is crucial to navigating the process successfully.

Common reasons for adjustment of status denial

One of the primary reasons for denial is the submission of incomplete or inaccurate documentation. Ensuring all required forms are correctly filled out and supporting documents are provided is paramount.

Missing scheduled USCIS (U.S. Citizenship and Immigration Services) appointments can also lead to denial. This is because timely attendance is crucial for the progression of your case. Set reminders and plan accordingly to avoid any scheduling conflicts.

USCIS assesses an applicant’s likelihood of becoming a public charge, meaning someone primarily dependent on the government for support. Demonstrating financial stability and meeting the required financial thresholds can mitigate concerns in this area.

Certain criminal offenses can also render an applicant ineligible for adjustment of status. Offenses such as fraud, drug-related crimes or crimes of moral turpitude may lead to denial.

The adjustment of status process is multifaceted, and several factors can contribute to a denial. Being proactive, thorough and strategic in your approach can enhance your chances of a desirable outcome, as can seeking legal guidance as proactively as possible.