What Are Some Consequences I May Face If My AOS Application is Denied?
If your Adjustment of Status (or AOS) application is denied, you could feel highly overwhelmed, stressed, or panicked. But with the help of a skilled and passionate immigration lawyer, denial is not always the end of the road in the U.S. It simply means you’ve had a detour and need to work with your lawyer on other options.
Let’s say you apply to the U.S. Citizenship and Immigration Services (USCIS) for an Adjustment of Status, and based on the information in your application, the USCIS may determine that you do not qualify for permanent resident status. Then, the consequences of a denial you may face vary depending on your unique circumstances.
However, just a few of the more general consequences are:
- You could lose your legal status to remain in the U.S. – Let’s say your underlying visa or prescribed legal status (such as a student or tourist visa) expires while your AOS application is being processed. When you’re denied, this may leave you undocumented, and you could be at risk of deportation.
- Removal proceedings may be initiated against you – In specific cases, especially where you now have no valid immigration status, the USCIS may refer your applicant to Immigration and Customs Enforcement (ICE), and they could initiate removal proceedings against you. It’s vital to note that this doesn’t always occur, but it is a tangible risk, especially in today’s world.
- It could impact your future immigration benefits – A denial can negatively impact your ability to apply for other visas, adjustment requests, or future re-entry into the U.S.
However, you must note that an initial denial doesn’t mean you’re out of options. But time is not on your side, and if denied, you must seek the empathetic, passionate, and highly experienced help of a Virginia immigration lawyer as soon as possible.
What Are Some Common Reasons My AOS May Be Denied?
First, one of the most common reasons for your AOS application denial is simply that you are ineligible. Several factors can make an individual ineligible for adjustment of status; just a few of these are:
- Entering the United States improperly or without inspection (aka entering illegally).
- Failing to maintain your lawful immigration status while you are residing in the United States.
- Having removal proceedings against you or receiving a final removal order.
- Have any criminal convictions or be a national security concern?
A second prevalent reason for your AOS denial is submitting an incomplete or incorrect application.
This denial could include:
- Failing to submit all the required forms and their supporting documents.
- Providing incorrect, inconsistent, or even false information on your application.
- Failure to pay the correct filing fees, which is mandatory, and more.
Additionally, one of the main parts of the adjustment of status application process is attending appointments with USCIS. These appointments and interviews are critical, and failing to attend without a valid reason or rescheduling in advance can result in the outright denial of your application.
To avoid this issue, you must be diligent and ensure that you attend all scheduled appointments and promptly notify USCIS if you need to reschedule due to unforeseen circumstances.
It’s not unusual for most applicants to find the U.S. visa application process confusing and highly complex. Many denials can be avoided if you obtain the professional, in-depth, and well-versed immigration legal help you need.
What Things Would Help Me If My AOS Application Were Denied?
Let’s say you’ve received a denial notice from USCIS; you must remember that the first step is not to panic. There are some immediate steps you can take to help the situation and yourself, for example:
- Read and review the denial notice carefully – The USCIS always provides a written explanation for your denial and references the law or policy applied. This notice is critical to fully understanding why you were denied and what you must correct.
- Immediately consult with a qualified immigration lawyer – This is the first thing you should do, as your thorough and knowledgeable lawyer can assess your unique circumstances, provide options, and recommend your best course of action.
- You and your lawyer should immediately explore alternative immigration options – If your AOS is no longer viable, you may still qualify for another immigration route, such as:
- Consular processing abroad.
- Nonimmigrant visas (of course, you must be eligible).
- Waivers of inadmissibility.
- Humanitarian options like asylum or U visas.
Also, the last thing you want to happen is to be placed in removal proceedings, and your empathetic and passionate immigration lawyer is deeply aware of this concern. However, you still have the opportunity to defend yourself before an immigration judge, and with the right, proper, and professional help, you may still prevail.
What Is a Motion to Reconsider or Reopen, and Can It Help Me?
Your thorough immigration lawyer will know if a Motion to Reconsider or a Motion to Reopen is appropriate for your case and the benefits of both. These motions are similar but distinct in certain features, but can significantly help.
A simple explanation of these motions is:
- A Motion to Reconsider – This motion is based on the current evidence presented when your case was initially filed. To help, your lawyer may be able to prove that USCIS committed a legal or factual error when denying the application, and USCIS may reverse the decision and issue you your green card.
- A Motion to Reopen – Here, the motion represents new facts, evidence, or a possible change in the current laws that demonstrates the USCIS’s initial adverse decision was incorrect. However, the evidence presented must be new, something you were possibly unaware of before your initial application. You also must convince the USICS that you could not submit this evidence initially.
Both motions might be significantly helpful to your case. Still, you should only file for either motion if your diligent, well-versed immigration lawyer feels you meet the motion’s requirements and qualifications.
I Must Apply for an AOS, and I Am Concerned with Being Denied; How Should I Proceed?
Applying for an Adjustment of Status is legally complex and highly stressful, and if you’re denied, it can be intensely stressful and disappointing. However, with proper, qualified, and diligent legal help, this is not necessarily the end of your immigration battle.
Whether your application is denied on legal, factual, or procedural grounds, you can usually take numerous legal steps to challenge the denial or pivot to a new immigration strategy.
The immigration law team at the Boykin Law Firm, PLLC, uniquely treats all their clients like family. They ensure that you fully understand all your immigration options, know precisely what you’re facing, and, most importantly, protect your civil and legal rights.
Call them today at (202) 796-6694 and schedule a consultation on your unique case. The faster they become involved, the sooner you will fully understand your rights and obtain the passionate, highly skilled, and professional help necessary to protect your future in the United States