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What to Do When Marriage-Based Adjustment of Status is Denied

Of all the immigrant visa programs offered by the United States Citizenship and Immigration Services (USCIS), the marriage-based path to residency is one of the most flexible. However, this does not provide any assurance that an application will not be denied.

Denials of marriage-based visas and requests of adjustment of status are neither routine nor uncommon. However, there are straightforward processes to appeal such denials, and you have more than one course of action to get the application on the right track.

If you are married to a citizen of the United States, you should not worry about summary deportation or removal as it’s very unlikely, particularly if your application history includes a fiancé or fiancée visa as well as being admitted to the country before the wedding. With this in mind, you should know that categorical denials are rare when it comes to marriage-based adjustment of status.

Before a couple is notified of a denial, USCIS case evaluators will warn about deficiencies in the application process. If the documentation presented as evidence of a bona fide marriage is not sufficient, the applicants will be told, and the same goes for an interview that did not go well.

If you believe that you or the USCIS evaluators made a mistake that resulted in a denial, your best bet is to retain a seasoned San Diego family immigration lawyer who can submit a persuasive request to reopen the case. A denial does not automatically trigger deportation or removal proceedings. In fact, USCIS officials know that separating you from your spouse will not be easy due to the numerous legal challenges that can be presented. This is another reason why denials are not so common.

Even if USCIS refuses to reopen the case, reapplying can be an option. If your attorney detects an obvious mistake, he or she can notify the evaluator’s supervisors and even seek a correction through the court system.

In the unlikely case that your attorney is not able to reopen the case or present a new application, the deportation order can be fought in court. The best-case scenario would be a judge entering an order to grant a green card after all.

Find the help you need by reaching out to the leading San Diego green card attorneys, KS Visa Law. We can help you every step of the way, from filing the paperwork to representing you in a courtroom. Call us today at (858) 874-0711 and schedule a free immigration consultation.

May 2024