How to appeal a denied adjustment of status

| Mar 31, 2021 | Adjustment of Status

Immigrants who are currently living in Texas can request an adjustment of status. This is a formal term given to the process of applying for a green card. An adjustment of status allows you to skip the traditional visa processing that happens in your home country.

What happens when my application gets denied?

If United States Citizenship and Immigration Services (USCIS) denies your application for an adjustment of status, you may have one or two options. The denial letter that you receive will reveal if you may file an appeal or not. If you are authorized to file an appeal, you may do so by following the steps provided.

The appeal is reviewed by appellate administrative entities. There are two different entities. These include the Board of Immigration Appeals (BIA) and USCIS Administrative Appeals Office (AAO). If you’re unable to file an appeal, you can opt for filing a motion. A motion is a simple request to USCIS to review its decision regarding your adjustment of status application.

What happens during an appeal?

If you can file an appeal, there is a specific process that you must follow. Once you first submit your appeal, the USCIS office that denied your case will review it one more time. This is called an initial field review. The reviewing office will either decide to reopen your case for reconsideration or forward the appeal to the AAO. In either case, it’s important to note that filing an appeal doesn’t extend the previous departure date that was issued to you.

Getting denied an adjustment of status can be frustrating, to say the least. By understanding what you can do to try and get that denial overruled, you can better position yourself for possibly getting approved in the future. It’s always a good idea to contact an immigration attorney to assist with the appeal process.