This involves transferring the case from the designated USCIS officer responsible for the denial to a different related office for reconsideration. If a Motion to Reconsider or Reopen isn’t available, I-485 applicants may be able to appeal their denial to the Administrative Appeals Office (AAO). This could help indicate that changing circumstances warrant the submission of this new evidence and inspire USCIS to reconsider the I-485. This must be new evidence that the individual was unaware of prior to the initial application, and applicants will need to convince USICS that they were unable to submit this evidence originally. However, this motion doesn’t allow individuals to simply submit evidence that they initially forgot to include in the initial application. Meanwhile, other applicants may want to file a Motion to Reopen upon the discovery of new evidence that was unavailable to them early that warrant a reopening of their case. If applicants and their legal teams can prove that USCIS committed a legal or factual error when denying the application, USCIS may reverse the decision and issue applicants green cards. One option that individuals have is to file a Motion to Reconsider or a Motion to Reopen, which are somewhat similar but have some unique qualities to them.Īpplicants may choose to file a Motion to Reconsider if they and their attorneys believe there are valid grounds for claiming that the USCIS officer denied Form I-485 in error. These options may include: A Motion to Reconsider or Reopen
If an I-485 is denied once filing it with USCIS, applicants have a few different options available to them to get USCIS or other officials to reconsider this decision. An I-485 Was Denied: What Options Are Available? On the other hand, if USCIS denies I-485, applicants may have the chance to reverse the decision.
At this point, the date of approval for Form I-485 will become the date of adjustment, which helps determine how long it will take for the lawful permanent resident to qualify for U.S. If USCIS approves the application and the Department of State (DOS) allocates an immigrant visa, individuals will receive a Form I-551, which is a Permanent Resident Card. If USCIS finds individuals to be inadmissible, applicants will need to apply for and receive waivers of inadmissibility.Īt this point, USCIS may choose to approve or deny the I-485. This will entail confirming whether a visa number is available for final case action, determining eligibility to adjust status as opposed to going through the consular process, and confirming a valid job offer.Īpplicants must also be devoid of any inadmissibility issues, such as problems regarding criminal history, national security threats, fraud, or medical issues.
The Adjudication ProcessĪfter filing I-485 and submitting all necessary evidence, the I-485 adjudication process will begin under USCIS. This evidence may include adoption, birth, or marriage certificates, school records, military records, religious documents, or medical records. Additional forms include Form G-325A, Biographic Information Sheet, Form I-693, Report of Medical Examination and Vaccination Record, and a copy of the applicant’s Form I-360/I-140/I-526 visa petition.ĭependants also need to provide proof of their relationships with the principal applicant.
Proof of identity will include a government-issued photo identity document, which could include a passport or driver’s license. This includes proof of the individual’s identity, entry into the U.S., employment history, immigration status, and the results of an official medical examination. To qualify for adjustment of status, I-485 applicants will need certain evidence to support their application. Evidence Needed to Successfully File I-485 citizens for either a preference or an immediate relative to achieve lawful permanent resident status. green card holders) via job offers, asylee status, or refugee status. Through this form, immigrants have the ability to apply to become lawful permanent residents (i.e. If immigrants wish to become lawful permanent residents and receive a green card or petition for a relative to become a lawful permanent resident, immigrants can complete and file Form I-485, which is the Application to Register Permanent Residence or Adjust Status. Citizenship and Immigration Services (USCIS) denies an I-485, there are options available to applicants, including a motion to reconsider or reopen, appealing the decision, and re-filing.Īnother option is for applicants to find out if they have received a Notice to Appear in Immigration Court to begin removal proceedings, in which case individuals may request the judge to decide against removal based on the immigrant’s I-485.ĭepending on each person’s situation, the following are details about the I-485 and the different options that applicants may be able to try in the event of an I-485 denial.