When you are already in the United States, you can apply for lawful permanent resident status, commonly known as a green card, through the process of adjustment of status. It indicates that you might be eligible for a Green Card without having to travel back home to finish the visa application procedure.
Sometimes people file Form I-485, Application to Adjust Status, and things happen. One of the more common reasons for an adjustment of status denial is due to changes in circumstances.
Here are a few of the more frequent factors for a denial of an adjustment of status:
⦁ Out of status: If you are no longer in lawful status at the time of filing, you will likely be denied. It can happen if your visa expires or if you have worked in the U.S. without employment authorization.
⦁ Death of a Petitioner: Adjustment of status is often based on a family member or employer petitioning for you. If the petitioner dies, your application may be denied.
⦁ Beneficiary Gets Married: If you get married after you have filed for adjustment of status, your application may be denied. Because your status is changing and the grounds on which you originally applied may no longer apply.
⦁ Beneficiary Gets Divorced: If you get divorced after you have filed for adjustment of status, your application may be denied.
⦁ Rescinded Job Offer: Adjustment of status is often based on having a job offer in the U.S. If your job offer rescinds, your application may be denied.
Foreign nationals may typically be prohibited from changing their status if they:
– Worked without a permit in the United States
-Were not in legal status at the time of filing
– Failed to keep status after coming to the United States.
– Most recently entered via the visa waiver program.
These mentioned regulations are not absolute. Particularly notable is the fact that U.S. citizens’ spouses, parents, and unmarried children under 21 may still change their status even after breaching these rules.
If you have any questions about your specific case, speak with an immigration attorney. Adjustment of status can be a complex process, and it is important to make sure that you have all the information you need before you apply.
