What happens if i 485 is denied

Now, if USCIS denies your Green Card application because it thinks you committed some type of fraud, misrepresentation, abuse of public benefits, or crime, it will send you a letter telling you to appear in Immigration Court. A notice to appear in Immigration Court to defend your case is scary. An Attorney for the United States will make many allegations against you.

An Immigration Judge decides whether you get to keep your Green Card or get deported. If deported, you will have to fight for your return to the United States from another country. This is devastating, time-consuming and expensive. Worst of all, the consequences of deportation are severe. In some cases you may have to wait years before you can return. Some people can never enter the United States again. The I and I are reinstated.

The Trump administration memo — a summary. The main provisions of the policy memorandum are: Prior standard. This means most applications that were defective would result in an RFE — unless there was a statutory reason for the denial.

Full discretion. Reason for the stricter change. The purpose of this policy memo is NOT to penalize filers for innocent mistakes or misunderstandings of the evidence required to establish eligibility. The new Trump policy does not apply to applications, petitions, and requests submitted before September 11, Applicants who have entered the US legally can apply for this change on various criteria including: U. Some of the reasons your claim may be denied include the following: You fail your medical exam.

This can include missing information such as a failure to show documentation that you have the necessary vaccinations. Certain criminal violations. Immigration violations such as illegal entry or abuse of the visa process Noncompliance with the application requirements.

Failure to provide proof of employment generally through an I form or proof that you properly changed jobs Failure to provide proof of a family relationship generally through an I petition.

In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Among the reasons the U. Denial Due to Ineligibility or Not Meeting Application Requirements Here are some reasons that the immigration authorities might appropriately, under the law, deny your application.

Health Related A medical exam report is required for admission as a lawful permanent resident. Criminal Related If you have been convicted of certain types of crimes, or are coming to the U.

Security Related Seeking admission into the U. Public Charge If you are seen as likely to become dependent on the U. Immigration Violators If you have entered the United States illegally, such as sneaking in as a stowaway, gained entry by misrepresentation, failed to attend immigration removal proceedings, or have abused the visa process, such as violating the terms and conditions of your visa, you could be subject to denial. Failure to Meet Application Requirements You will be asked to submit or bring numerous forms, fees, and documents in the course of applying for permanent residence.

Denial of Underlying Visa Petition Your intended grounds for filing for a green card are most likely either employment based, in which case your sponsor will probably have filed a petition on Form I ; or family based, with your sponsor having filed a Form I petition. Changing Jobs After Filing of I If you change employers, and have an approved I visa petition, you would be have to meet certain requirements in order for your green card application to continue processing. Talk to a Lawyer Need a lawyer?

Start here. You will appear before an Immigration Judge for removal proceedings to tell the judge that you want to adjust your status as a defense from removal at this hearing. The judge will set a deadline within which you have to submit your documents along with a date for your merits hearing. At this hearing, you will present your case to the judge, the one you submitted to USCIS for your I, but you can also bring any additional evidence that you think will help your case be stronger.

Also, you can bring witnesses to testify. After you present all evidence has, the judge will make the decision and may decide to approve your application. If the judge approves it, you will finally get a green card. No matter what option you end up thinking is the best one for you, we highly recommend you get an experienced immigration attorney who will help build your case and advise you on what steps you should take, having in mind the specifics of your immigration situation.