Understanding Your Options After an Adjustment of Status Denial

Published: January 23, 2025

An adjustment of status enables foreign nationals to secure lawful permanent residency without leaving the US. Although most visa applications are approved, US law rejects those that fail to meet specific standards. 

A denied adjustment of status application can leave you feeling frustrated. It can also make you feel uncertain about your options. Fortunately, you can explore various potential next steps depending on your case’s specific circumstances and procedural posture.

This post guides you through the possible options after having your application for adjustment of status denied. But before delving into that, let’s discuss how the adjustment of status process works and your options after receiving a denial. 

Overview of the Adjustment of Status Process

Are you currently present in the US as a nonimmigrant visa holder? If so, you can opt to adjust your status in the US. With this process, you can secure a green card without leaving the country to undergo visa processing. 

Another route is consular processing, where you apply for a visa outside the US. In this case, the nearest US embassy or consulate abroad will process your green card application. You’re required to remain outside the US until you get approval.

It’s worth noting that you or a qualifying sponsor must file an immigration petition on your behalf to be eligible for the adjustment of status process. The following are the typical steps involved when adjusting your status: 

• Determine if you’re eligible for a particular immigrant category. 
• Accomplish an immigrant petition.
• Check the availability of your visa type.
• Properly apply your adjustment of status application with USCIS. 
• Show up for the scheduled interview. 
• Attend your application support center (ASC) appointment.
• Respond timely to USCIS request for additional evidence. 
• Track the progress of your case online or via the USCIS contact center. 
• Wait for a written decision notice from the USCIS. 

Common Reasons for an Adjustment of Status Denial

USCIS has the authority to approve or reject adjustment of status applications according to the overall circumstances. So, despite satisfying the eligibility requirements, applicants may still face an adjustment of status denial. Suppose the USCIS rejects your application. They will inform you about the reason in their decision notice, some of which can include the following: 

• Submitting incomplete applications or providing inaccurate information
• Failing to attend scheduled USCIS appointments
• Committing offenses, such as fraud and drug-related crimes
• Becoming a burden on the state, solely depending on government assistance
• Violating immigration laws like unlawful presence or entry without inspection

Many factors can contribute to having your adjustment of application denied. Being aware of them can help you go through the process more successfully. More importantly, acquiring legal guidance as proactively as possible is advisable to boost your chances of a desirable outcome. 

Options After Getting Your Adjustment of Application Denied

Receiving a denial decision can be disheartening. In general, you cannot appeal a denied adjustment of status. Yet, alternatively, there’s still a chance to ask the USCIS to review its decision and obtain a favorable outcome through one of the options below. 

Seek a motion to reconsider

You can seek a motion to reconsider if you believe USCIS made an error in rejecting your application. Suppose the USCIS grants your request. They will examine your case again based on the existing evidence and legal arguments initially provided. 

Remember, you can’t present new information in your application. You must demonstrate the existing evidence was and remains sufficient to warrant approval. Since it’s legal in nature, doing so can be challenging without the assistance of an immigration attorney. 

Request a motion to reopen

On the other hand, you can ask the USCIS to reopen your case. A motion to reopen enables you to add new facts and evidence to establish eligibility and challenge their unfavorable decision. As mentioned, USCIS will let you know the reason for the denial. Therefore, ensure that the new evidence or changed circumstances you present are relevant to the initial rejection. 

Renew your application in court

For instance, USCIS denies your case and refers it to immigration court. It’s possible to renew your application in court. In this case, you don’t need to file a new petition provided that the existing petition remains valid. 

The immigration judge will determine your eligibility for adjustment of status based on the original filing date of your application. This option helps you avoid resubmission costs and forms. However, you can face potential deportation proceedings if the judge rejects your renewed application. 

Make an Informed Decision With ALG Lawyers

The intricate process of the adjustment of status application can pose challenges. Unprepared applicants may find it extra hard to complete the application. Another factor worth considering is that certain classes of individuals may not qualify to apply for adjustment of status.  Thus, careful assessment and attention are required. Discuss your immigration case with an experienced Los Angeles immigration lawyer to make an informed decision. Contact ALG Lawyers today for personalized legal guidance on your situation.