info@kasturilaw.com

Call Us Today

630-392-8101 | 630-392-8101
29 South Webster Street, Suite 370 Naperville,
IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

At Kasturi Law, LLC, our Naperville and Schaumburg immigration and nationality law attorney and law firm founder, Shobhana Kasturi, has over 27 years of legal experience, and a decade of experience representing individuals and families in Illinois and nationwide with all types of immigration issues—including those seeking an Adjustment of Status (AOS), and those who have been denied AOS.

Adjustment of Status is a process by which eligible individuals in the United States can apply to become lawful permanent residents (Green Card holders) without needing to return to their home country to complete visa processing.

Immigration Adjustment

You can appeal a U.S. immigration adjustment of status denial, but it depends on the specific circumstances of your case. Here, we discuss the common reasons AOS are denied and how we can help appeal that decision on your behalf.

What Are the Most Common Reasons Individuals Are Denied Adjustment of Status?

It’s crucial to be aware of the common reasons that can lead to denying an Adjustment of Status application. This knowledge can be a powerful tool in helping applicants avoid pitfalls and increase their chances of success.

Here are the most frequent causes of denial:

  • Not Meeting Eligibility Requirements.
  • Unauthorized Stay.
  • Illegal Entry.
  • Criminal Convictions.
  • Security Concerns.
  • Incomplete or Inaccurate Application, including Missing Documents or Errors or Inconsistencies.
  • Missed Biometrics Appointment.
  • Missed USCIS Interview.
  • Inability to Support Oneself.
  • Medical Conditions.
  • Inadequate Medical Examination.
  • Prior Deportations.
  • Immigration Fraud or Misrepresentation
  • Failure to Maintain Status.
  • Failure to Respond to Requests for Evidence (RFEs).

How Can Kasturi Law Help Appeal a U.S. Immigration Adjustment of Status Denial?

One of the many ways we assist our clients is by meticulously reviewing the denial notice. This step is crucial in understanding the reasons for the denial. The notice will outline why your application was denied and if you can appeal or file a motion to reopen or reconsider.

This detailed understanding forms the basis of our strategy to help you appeal a U.S. Immigration Adjustment of Status Denial.

From there, we will outline your next steps, which may include:

Not all denials are eligible for appeal. The denial notice will specify if we can file an appeal. Typically, denials based on discretionary grounds are not appealable. If eligible, we can file Form I-290B, Notice of Appeal or Motion, to the AAO. Along with Form I-290B, we will submit a brief or statement explaining why you believe the denial was incorrect, including any supporting evidence. This form must be filed within 30 days of receiving the denial notice.

  • Motion to Reopen the Case

If new evidence or facts not considered in the original decision are available, we can file a motion to reopen the case. This must be done within 30 days of the denial.

  • Motion to Reconsider

If you believe the denial was based on an incorrect application of law or policy, we can file a motion to reconsider. This must also be filed within 30 days of the denial. We will also use Form I-290B to file a motion, a detailed explanation, and any new evidence or legal arguments.

  • Seek Judicial Review

If your appeal or motions are unsuccessful, you may have the option to seek judicial review in a federal court. This is typically a last resort and requires legal representation.

Consulting with our skilled immigration attorney can help you understand your options and the best course of action and provide a thorough and well-documented response when filing appeals or motions, addressing all the reasons for the denial.

Our legal representation can be crucial in navigating the complex immigration appeal process and presenting a solid case. By understanding your options and taking prompt action, you can effectively respond to an adjustment of status denial and potentially achieve a favorable outcome.

Contact Our Immigration Attorney Today For Consultation

At Kasturi Law, our immigration practice is driven by the desire to give a voice to those who most need it, including those seeking to appeal an adjustment of status denial.

Contact our immigration law firm today to schedule a consultation that suits your needs. Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes. We value your time and want to ensure that your immigration questions receive the attention they deserve, helping you move forward confidently.

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