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Adjustment of status is granted at the discretion of USCIS. If your application for adjustment of status has been denied, you can be subject to deportation (removal) proceedings. Seek the assistance of an experienced U.S. immigration attorney. The attorney can help you decide what to do next.
3:52 14:40 Suggested clip I-485 DENIED: WHAT YOU SHOULD DO NEXT | Immigration YouTubeStart of suggested client of suggested clip I-485 DENIED: WHAT YOU SHOULD DO NEXT | Immigration
Adjustment of status is granted at the discretion of USCIS. If your application for adjustment of status has been denied, you can be subject to deportation (removal) proceedings. Seek the assistance of an experienced U.S. immigration attorney. The attorney can help you decide what to do next.
If your I-485 get denied in day X, Then you have to leave, let us say within 180 days because after 180 days you will be subject to the 3 or 10 year bar. Few days or weeks stay after denial almost will not hurt in future entry with another visa. If you want to consider 180 days after denial is grace period, that is OK.
In most situations, there is no appeal after a denial. If the law allows you to appeal, you can ask USCIS's Administrative Appeals Office (AAO) to look at your case and see whether the USCIS officer wrongly denied your green card. There will be a fee and a deadline for filing the appeal don't miss it.
Option if USCIS Decision Cannot be Appealed Some USCIS denials, such as those involving Form I-485, contain language stating that the decision cannot be appealed. Even when there is not an appeal option, decisions issued by the USCIS can potentially be challenged by filing motions to reopen or reconsider.
Outside of removal proceedings, it is USCIS that ordinarily processes adjustment of status applications, from people who apply on their own initiative. Once USCIS approves the I-130, the immigration judge will accept and make a decision on Form I-485, Application to Adjust Status or Register Permanent Residence.
You cannot adjust your status from withholding of removal. However, if you entered the US lawfully, and you married a US citizen, you can seek a joint motion with ICE to ask the Judge to allow you to reopen your case, and then apply for adjustment
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