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A denial letter from USCIS is one of the most stressful pieces of mail you can receive. After months or years of waiting, gathering documents, and attending interviews, hearing that your Adjustment of Status (AOS) application has been denied can feel devastating. But it’s important to know that a denial doesn’t always mean that your journey is over. You may still be able to:
At the Law Office of Marron Gebremeskel PLLC, we understand how frightening this moment can be. Let us help you find a way forward. As a former USCIS Asylum Officer and Immigration Services Officer, Attorney Marron Gebremeskel brings rare, insider knowledge to every case she handles. Our firm can help you determine your next steps after an AOS denial.
Acknowledging why USCIS denied your application is the first and most important step when trying to move your case forward. Common reasons include:
The denial notice from USCIS will specify the reason(s) for the decision. Read it carefully to understand the details of your case.
An AOS denial can create serious status complications, depending on your situation. You may now have to deal with:
Acting quickly after a denial is critical. The longer you wait, the more limited your options may become.
Depending on the reason and your specific circumstances, you may have one or more legal options available to you. These may include:
You may be able to file a Motion to Reopen or a Motion to Reconsider using Form I-290B.
These motions must be filed within 30 days of the denial (or 33 days if the decision was mailed to you). Missing this deadline can eliminate this option entirely.
If the denial was based on procedural errors, circumstances that have since changed, or issues with the petition such as a lack of evidence, reapplying may be an option. This is an opportunity for you to restructure your application and provide stronger proof in favor of your case.
An immigration attorney can assess whether a new filing or an entirely different immigration pathway makes more sense for your situation, depending on your eligibility and circumstances.
An AOS denial is serious. But with the right legal guidance, you may be able to overcome this immigration hurdle. At the Law Office of Marron Gebremeskel PLLC, our team takes the time to understand your full story, evaluate every option that is available to you, and build and execute a clear strategy focused on attaining your goals. Schedule a consultation with our firm today to start finding a better path forward.
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