Adjustment of Status

Will Withdrawing Your I-485 Make Your INA §212 Inadmissibility Issue Go Away After Receiving an NOID?

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Many immigrants panic after receiving a Notice of Intent to Deny (NOID) on their Form I-485 Adjustment of Status application. One of the most common questions people ask is:

“If I withdraw my I-485, will the inadmissibility issue disappear?”

The answer is often no.

In most cases, withdrawing an I-485 after USCIS raises inadmissibility concerns does not erase the issue, especially if USCIS has already identified potential fraud, misrepresentation, criminal, immigration, or security related concerns.

Understanding the legal consequences before withdrawing your case is extremely important.

What Is an I-485 NOID?

A NOID (Notice of Intent to Deny) means USCIS intends to deny your green card application unless you successfully respond.

Common inadmissibility issues raised in NOIDs include:

  • INA §212(a)(2) — criminal grounds involving INA §212(a)(2)(i)(I) crimes involving moral turpitude (CIMTs), INA §212(a)(2)(A)(i)(II) controlled substance violations, INA §212(a)(2)(C)(i) Controlled Substance Trafficker, INA §212(a)(2)(C)(ii) family member of a drug trafficker, INA §212(a)(2)(D)(i) prostitution related offenses, or other criminal conduct
  • 212(a)(3)(A)(i), 212(a)(3)(A)(ii) & 212(a)(3)(A)(iii) and INA §212(a)(3)(B) — national security, terrorism related, espionage, or security related inadmissibility concerns
  • INA §212(a)(3)(D) — communist or totalitarian party membership or affiliation issues
  • INA §212(a)(4) — public charge concerns involving financial support, income, assets, or affidavit of support deficiencies
  • INA §212(a)(5) — labor certification and unauthorized employment-related issues in certain employment-based immigration cases
  • INA §212(a)(6)(C)(i) — fraud or willful misrepresentation of a material fact to obtain an immigration benefit
  • INA §212(a)(6)(C)(ii) — false claims to U.S. citizenship
  • INA §212(a)(6)(E) — alien smuggling allegations involving assisting or helping another person enter the United States unlawfully
  • INA §212(a)(6)(A) — presence in the United States without admission or parole
  • INA §212(a)(7) — lack of proper immigrant or nonimmigrant documentation at entry or adjustment
  • INA §212(a)(9)(A) — prior removal, deportation, or expedited removal orders
  • INA §212(a)(9)(B) — unlawful presence resulting in 3-year or 10-year bars
  • INA §212(a)(9)(C) — unlawful reentry after prior unlawful presence or removal
  • prior immigration violations, including overstays, status violations, unauthorized employment, or visa misuse
  • prior asylum, visa, or immigration application inconsistencies
  • marriage fraud allegations under INA §204(c) involving claims that a prior marriage was entered into for immigration purposes
  • CBP airport or border findings involving expedited removal, visa cancellation, or Form I-275 withdrawal of admission
  • DS-160, immigrant visa, or prior petition inconsistencies identified during USCIS review

A NOID is extremely serious because USCIS is signaling that it believes your case may be legally ineligible.

Does Withdrawing the I-485 Eliminate the Inadmissibility Finding?

Usually, no.

Once USCIS identifies potential inadmissibility, that information may remain in:

  • USCIS systems
  • consular records
  • CBP databases
  • immigration files
  • future immigration adjudications

Even if the I-485 is withdrawn:

  • the underlying issue may still exist
  • future visa applications may still be questioned
  • consular officers may still see prior findings
  • USCIS may revisit the same issue in future filings or issue a Notice of Intent to Revoke of current immigration status

Withdrawal Does NOT:

  • remove fraud allegations
  • erase prior inconsistent statements
  • eliminate inadmissibility concerns
  • prevent future scrutiny

Common Inadmissibility Issues That Continue Even After Withdrawal

INA §212(a)(2) — Criminal Grounds

Issues involving:

may continue to affect future immigration benefits regardless of whether the I-485 is withdrawn.

INA §212(a)(3)(A) and INA §212(a)(3)(B) — National Security and Terrorism Grounds

Allegations involving:

are not erased by withdrawing an adjustment application.

INA §212(a)(3)(D) — Communist or Totalitarian Party Membership

If USCIS has identified:

  • prior communist party membership
  • political affiliation inconsistencies
  • omissions regarding political organizations

INA §212(a)(3)(D) may continue to appear in future immigration proceedings even after withdrawal.

INA §212(a)(6)(C)(i) — Fraud or Willful Misrepresentation

This is one of the most serious grounds of inadmissibility.

Issues involving:

  • inconsistent applications
  • omitted employment history
  • inaccurate visa applications
  • false statements to immigration officers
  • DS-160 discrepancies

INA §212(a)(6)(C)(i) do not disappear simply because an I-485 is withdrawn.

INA §212(a)(6)(C)(ii) — False Claim to U.S. Citizenship

Allegations that an individual falsely claimed US citizenship INA §212(a)(6)(C)(ii) often remain in immigration records and may affect future applications.

INA §212(a)(6)(E) — Alien Smuggling

USCIS may continue to review INA §212(a)(6)(E) smuggling allegations involving:

  • assisting family members or others to enter unlawfully
  • transportation or facilitation of unlawful entry

even after withdrawal.

INA §212(a)(9)(A) — Prior Removal Orders

Previous:

  • removal orders
  • deportation orders
  • expedited removals

INA §212(a)(9)(A) remain part of the immigration record regardless of withdrawal.

INA §212(a)(9)(B) — Unlawful Presence

INA §212(a)(9)(B) carries three year and ten year unlawful presence bars based on the applicant’s underlying immigration history, not on the existence of a pending Form I-485.

INA §212(a)(9)(C) — Unlawful Reentry After Removal or Unlawful Presence

INA §212(a)(9)(C) refers to prior unlawful reentry issues generally remain regardless of whether adjustment is withdrawn.

Prior Immigration Violations

USCIS may continue reviewing:

  • overstays
  • status violations
  • unauthorized employment
  • visa misuse
  • prior immigration benefit violations

during future applications.

Marriage Fraud Allegations Under INA §204(c)

If USCIS suspects that a prior marriage was entered into for immigration purposes, withdrawing an I-485 typically does not eliminate the allegation.

Future family-based petitions may still be affected.

Prior Visa and Immigration Application Inconsistencies

USCIS frequently compares:

  • DS-160 applications
  • immigrant visa applications
  • prior petitions
  • adjustment filings
  • border inspection records

Any inconsistencies identified may continue to be scrutinized in future proceedings.

Risks of Withdrawing the I-485 Without Legal Advice

Many applicants unknowingly harm their future immigration options by withdrawing too quickly.

Common mistakes include:

  • assuming USCIS “forgets” the issue
  • refiling without addressing inadmissibility
  • inconsistent future disclosures
  • failing to preserve legal arguments

A poorly planned withdrawal can create:

  • long term immigration complications
  • future denials
  • allegations of concealment
  • credibility problems
  • initiation of removal proceedings (deportation)

How to Respond Strategically to an I-485 NOID

In many cases, responding to the NOID may be better than withdrawal.

A strong legal response may:

  • rebut inadmissibility allegations
  • clarify inconsistencies
  • demonstrate lack of materiality or intent
  • present waivers or legal defenses
  • preserve future immigration options

Successful Cases We Have Handled

We have helped clients address NOIDs involving:

  • prior inconsistent visa applications
  • DS-160 discrepancies
  • alleged misrepresentation
  • political organization questions
  • prior preparer errors
  • employment history inconsistencies

Many applicants initially believed withdrawal was their only option when stronger legal strategies were available.

Take Immediate Action Before Withdrawing Your I-485

If you received a NOID involving any potential inadmissibility problems, do not make decisions based on fear or assumptions. With the right legal approach, many cases can still be successfully resolved. We are here to fight for your rights, protect your future, and help you pursue the strongest possible outcome.

Contact Us for I-485 NOID Help

Call: 305-515-0613
Email: info@messersmithlaw.com

Same day consultations available.

I-485 Adjustment of Status Green Card Denial Due to J-1 Two Year Home Residency Requirement (INA §212(e))

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Receiving an I-485 adjustment of status denial because of the J1 two year home residency requirement under INA §212(e) can be devastating. Many applicants are shocked to learn that even after years in the US, USCIS may still determine they are ineligible for a green card because they failed to satisfy or waive the J1 requirement.

If you received a denial, a Notice of Intent to Deny (NOID) or Request for More Evidence (RFE) based on INA §212(e), it is critical to understand your legal options and whether the issue can still be corrected.

The good news is that many cases involving J1 residency requirement problems can still be resolved with the right legal strategy.

What Is INA §212(e)?

INA §212(e), also called the J1 two year home residency requirement, applies to certain J1 exchange visitors who must:

  • return to their home country for a cumulative total of two years, OR
  • obtain an approved waiver before becoming eligible for certain immigration benefits

The requirement may apply if:

  • your J1 program was government funded
  • your field appears on the Exchange Visitor Skills List
  • you received graduate medical education or training in the U.S.

Why USCIS Denies I-485 Applications Under INA §212(e)

USCIS may deny adjustment of status if it believes:

  • the applicant remains subject to INA §212(e)
  • the two year foreign residence requirement was not fulfilled
  • no waiver was approved
  • the applicant incorrectly assumed they were not subject

Many applicants discover the issue only after:

  • filing Form I-485
  • attending a green card interview
  • receiving an RFE or NOID
  • USCIS reviewing old DS-2019 records

Common Situations Leading to §212(e) Green Card Denials

1. Applicant Incorrectly Believed They Were Not Subject

Sometimes visa stamps or DS-2019 forms contain inconsistent annotations.

2. Waiver Was Never Properly Completed

Applicants may begin the waiver process but never obtain final approval.

3. Two Years Were Not Properly Accumulated

Brief visits to the home country may not satisfy the full requirement.

4. USCIS Reinterprets Prior Records

USCIS sometimes reevaluates:

  • funding sources
  • skills list applicability
  • exchange visitor categories

Immigration Benefits Blocked by INA §212(e)

If subject to 212(e), an applicant generally cannot:

  • adjust status through Form I-485
  • obtain H1B status
  • obtain L1 status
  • change status inside the US in certain categories

until:

  • the two year requirement is fulfilled, OR
  • a waiver is approved

Types of J-1 Waivers Under INA §212(e)

Several waiver options may exist:

No Objection Statement

The home country government issues a no objection recommendation.

Interested Government Agency (IGA)

A US government agency requests the waiver.

Persecution

Applicant fears persecution in home country.

Exceptional Hardship

Extreme hardship to qualifying U.S. citizen or permanent resident relatives.

Conrad 30 Waiver (Physicians)

Available for certain physicians serving underserved areas.

Does an I-485 Denial Permanently End the Case?

No. Many applicants still have options after denial, including:

  • filing a waiver
  • reopening or refiling the case
  • consular processing after waiver approval
  • challenging USCIS findings

The best strategy depends on the specific facts and procedural history.

Common USCIS Issues in §212(e) Cases

USCIS often scrutinizes:

  • DS-2019 forms
  • visa annotations
  • funding history
  • travel records
  • waiver approval documentation
  • prior immigration filings

Even small documentation inconsistencies can create major problems.

Why Legal Help Is Critical in J-1 §212(e) Cases

INA §212(e) can block adjustment of status and green card approval. Many applicants incorrectly assume they are not subject. USCIS often raises these issues late in the process. Even after you receive an RFE, NOID or denial, waivers and legal strategies may still be available. Immediate legal analysis is extremely important after denial, NOID or RFE.

These cases are legally complex because they often involve:

  • historical immigration records
  • Department of State determinations
  • USCIS interpretations
  • waiver eligibility
  • timing issues
  • status complications

We can help you:

  • determine whether INA §212(e) truly applies
  • evaluate waiver eligibility
  • review historical records
  • correct USCIS misunderstandings
  • prepare reopening or refiling strategies

Take Immediate Action if Your I-485 Was Denied Under INA §212(e)

If your green card case was denied because of the J1 two year home residency requirement, do not assume your immigration future is over. With the right legal strategy, many applicants can still resolve INA §212(e) issues and pursue permanent residence successfully. We are here to help you understand your options, protect your immigration future, and fight for the strongest possible outcome.

Contact Us for J-1 and I-485 Denial Help

We know how USCIS analyzes INA §212(e) and clearly address USCIS concerns to win your case. Strong legal analysis is often critical to success.

Call: 305-515-0613
Email: info@messersmithlaw.com

Same day consultations available.

USCIS Policy Memorandum PM-602-0199: “Adjustment of Status Is a Matter of Discretion and Administrative Grace” and What It Means for Green Card Applicants

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A major policy memorandum issued by US Citizenship and Immigration Services has intensified concern among immigrants applying for permanent residence through Adjustment of Status (Form I-485).

The memorandum, titled:

“Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process”

reaffirms USCIS’s position that obtaining a green card through adjustment of status is:

  • not automatic
  • not guaranteed
  • and ultimately discretionary

This policy signals increasingly strict scrutiny of:

  • inadmissibility issues
  • immigration violations
  • fraud and misrepresentation concerns
  • unlawful presence
  • criminal history
  • unauthorized employment
  • prior visa inconsistencies

For many immigrants, this memorandum may significantly affect how USCIS evaluates difficult I-485 cases.

What Is USCIS Policy Memorandum PM-602-0199?

Policy Memorandum PM-602-0199 emphasizes that adjustment of status under:

  • INA §245(a), 8 U.S.C. §1255(a)

is an:

  • “extraordinary” form of relief
  • “administrative grace”
  • discretionary benefit granted by DHS and USCIS

The memorandum relies heavily on longstanding immigration case law, including:

  • Matter of Blas, 15 I&N Dec. 626
  • Patel v. Garland, 596 U.S. 328 (2022)
  • Elkins v. Moreno, 435 U.S. 647

USCIS specifically states that adjustment of status:

“was not designed to supersede the regular consular visa-issuing process or to be granted in non-meritorious cases.”

Why This Policy Matters for I-485 Applicants

The memo makes clear that:

  • meeting minimum eligibility requirements may not be enough
  • USCIS officers have broad discretion
  • adjustment applicants carry the burden of proving they deserve favorable discretion

This means USCIS may scrutinize:

  • credibility
  • immigration history
  • prior immigration violations
  • discretionary factors
  • overall equities in the case

USCIS Is Increasingly Focusing on “Non-Meritorious Cases”

Under PM-602-0199, USCIS strongly emphasizes that adjustment should not be granted in:

  • weak cases
  • fraudulent cases
  • discretionary negative cases
  • cases involving immigration abuse

The memorandum reinforces USCIS authority to deny adjustment even where:

  • statutory eligibility technically exists
  • visa petitions are approved
  • waivers may be available

Common Issues USCIS Is Scrutinizing Under This Policy

INA §212(a)(6)(C)(i) — Fraud or Misrepresentation

USCIS is aggressively reviewing:

  • inconsistent visa applications
  • DS-160 discrepancies
  • omitted employment history
  • prior immigration filings

INA §212(a)(9)(B) — Unlawful Presence

Prior overstays and status violations now receive heightened scrutiny.

Unauthorized Employment

USCIS may review:

  • prior unauthorized work
  • maintenance of lawful status
  • employment based adjustment eligibility under INA §245(c)

Criminal Grounds — INA §212(a)(2)

Even older criminal matters may trigger discretionary concerns.

National Security and Political Membership Concerns

Issues involving:

may receive extensive review.

Adjustment of Status Is Not a Right

One of the most important themes in PM-602-0199 is this:

Adjustment of status is not an entitlement.

USCIS repeatedly describes adjustment as:

  • extraordinary relief
  • discretionary grace
  • an exception to normal consular processing abroad

The agency emphasizes that applicants seeking adjustment inside the United States are effectively asking USCIS to:

  • waive the ordinary immigrant visa process
  • allow permanent residence without consular processing abroad

Because of this, USCIS states that adjustment applicants must demonstrate they merit favorable discretion.

Does This Mean Difficult I-485 Cases Cannot Be Approved?

No.

Although the memorandum increases scrutiny, adjustment of status remains discretionary which means:

  • strong legal advocacy matters
  • discretionary factors matter
  • evidence presentation matters
  • legal arguments matter

Many difficult adjustment cases can still be successfully approved with the right legal strategy.

Adjustment of Status Is Discretionary and Strategy Matters

One critical point many applicants do not realize is that discretionary cases are often heavily influenced by:

  • how evidence is presented
  • how inconsistencies are explained
  • how favorable equities are documented
  • the quality of legal arguments submitted to USCIS

Even when USCIS raises concerns involving:

  • inadmissibility
  • unlawful presence
  • prior immigration violations
  • fraud allegations
  • unauthorized employment
  • criminal history

many applicants may still qualify for adjustment approval through:

  • strong discretionary evidence
  • waiver eligibility
  • compelling humanitarian factors
  • legal analysis addressing USCIS concerns directly

In many complex I-485 cases, success depends not only on the facts but on how the case is strategically prepared and presented.

Do Not Face a Complex Adjustment Case Alone

If your I-485 case involves:

Strong legal strategy and discretionary evidence are now more important than ever. It is critical to seek experienced legal guidance immediately. With the right legal approach, many difficult adjustment cases can still be successfully resolved. We understand what USCIS officers actually look for and how to present evidence and strong legal arguments. We are here to fight for your rights, protect your future, and help you pursue lawful permanent residence.

Contact Us for Adjustment of Status Help

Call: 305-515-0613
Email: info@messersmithlaw.com

Same day consultations available.

US Citizenship and Immigration Services Will Grant “Adjustment of Status” Only in Extraordinary Circumstances: What Immigrants Need to Know

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Recent immigration policy changes and increasingly strict adjudication trends have caused growing concern among immigrants applying for Adjustment of Status (Form I-485). Many applicants are hearing that US Citizenship and Immigration Services may grant adjustment of status only in “extraordinary circumstances” when significant inadmissibility, immigration violations, or procedural issues exist.

As USCIS increases scrutiny of:

  • fraud and misrepresentation
  • unlawful presence
  • prior visa inconsistencies
  • unauthorized employment
  • criminal records
  • prior removal issues
  • public charge concerns

many applicants are facing:

Understanding what USCIS means by “extraordinary circumstances” is now more important than ever.

What Is Adjustment of Status?

Adjustment of Status allows eligible individuals already inside the United States to apply for lawful permanent residence (a green card) without leaving the country.

The process usually involves:

  • Form I-485
  • biometrics
  • background checks
  • interview
  • admissibility review under INA §212

However, approval is discretionary and requires the applicant to demonstrate:

  • eligibility
  • admissibility
  • credibility
  • compliance with immigration laws

Why USCIS Is Applying Stricter Standards

USCIS has significantly increased review of:

  • prior immigration filings
  • DS-160 applications
  • visa histories
  • employment records
  • social media and background checks
  • prior CBP encounters

Even small inconsistencies may trigger allegations under:

  • INA §212(a)(2) — criminal grounds involving INA §212(a)(2)(i)(I) crimes involving moral turpitude (CIMTs), INA §212(a)(2)(A)(i)(II) controlled substance violations, INA §212(a)(2)(C)(i) Controlled Substance Trafficker, INA §212(a)(2)(C)(ii) family member of a drug trafficker, INA §212(a)(2)(D)(i) prostitution related offenses, or other criminal conduct
  • INA §212(a)(3)(A) and INA §212(a)(3)(B) — national security, terrorism-related, espionage, sabotage, or security-related inadmissibility concerns
  • INA §212(a)(3)(D) — communist or totalitarian party membership or affiliation issues
  • INA §212(a)(4) — public charge concerns involving financial support, income, assets, or affidavit of support deficiencies
  • INA §212(a)(5) — labor certification and unauthorized employment-related issues in certain employment-based immigration cases
  • INA §212(a)(6)(C)(i) — fraud or willful misrepresentation of a material fact to obtain an immigration benefit
  • INA §212(a)(6)(C)(ii) — false claims to U.S. citizenship
  • INA §212(a)(6)(E) — alien smuggling allegations involving assisting or helping another person enter the United States unlawfully
  • INA §212(a)(6)(A) — presence in the United States without admission or parole
  • INA §212(a)(7) — lack of proper immigrant or nonimmigrant documentation at entry or adjustment
  • INA §212(a)(9)(A) — prior removal, deportation, or expedited removal orders
  • INA §212(a)(9)(B) — unlawful presence resulting in 3-year or 10-year bars
  • INA §212(a)(9)(C) — unlawful reentry after prior unlawful presence or removal
  • prior immigration violations, including overstays, status violations, unauthorized employment, or visa misuse
  • prior asylum, visa, or immigration application inconsistencies
  • marriage fraud allegations under INA §204(c) involving claims that a prior marriage was entered into for immigration purposes
  • CBP airport or border findings involving expedited removal, visa cancellation, or Form I-275 withdrawal of admission
  • DS-160, immigrant visa, or prior petition inconsistencies identified during USCIS review

In many cases, USCIS expects applicants to demonstrate compelling or extraordinary circumstances to overcome discretionary concerns.

Common Situations Where USCIS May Require “Extraordinary Circumstances”

Prior Immigration Violations

Applicants with:

  • overstays
  • unauthorized employment
  • status violations
  • prior removal or expedited removal

may face heightened scrutiny.

Fraud or Misrepresentation Allegations

USCIS aggressively reviews:

  • inconsistent applications
  • omitted information
  • prior visa answers
  • DS-160 discrepancies

Allegations under INA §212(a)(6)(C)(i) are especially serious because they may trigger permanent inadmissibility.

Criminal Issues

Even arrests without conviction or minor criminal history may create admissibility concerns.

Marriage Fraud Concerns

USCIS closely examines:

  • prior marriage petitions
  • INA §204(c) allegations
  • relationship inconsistencies

National Security or Political Membership Concerns

Issues under INA §212(a)(3)(A) , INA §212(a)(3)(B), or INA §212(a)(3)(D) including political affiliations or organizational memberships, may require substantial legal explanation.

What USCIS Considers “Extraordinary Circumstances”

There is no single definition, but USCIS may consider factors such as:

  • strong family hardship
  • long term residence in the US
  • humanitarian concerns
  • compelling medical issues
  • national interest considerations
  • extensive evidence of rehabilitation
  • credible explanations for inconsistencies
  • exceptional equities and good moral character

The stronger the inadmissibility issue, the stronger the supporting evidence and legal argument usually must be.

Why Many Adjustment Cases Receive RFEs or NOIDs

USCIS officers increasingly expect applicants to:

  • explain every inconsistency
  • provide supporting documentation
  • demonstrate credibility
  • establish admissibility clearly

Common triggers include:

  • different answers across applications
  • prior visa denials
  • old immigration violations
  • incomplete disclosure of political affiliations
  • unauthorized work history

Can These Cases Still Be Won?

Yes. Many applicants assume a NOID or inadmissibility concern means automatic denial. That is not always true.

Strong legal responses may:

  • rebut inadmissibility allegations
  • clarify inconsistencies
  • establish lack of material misrepresentation
  • present waiver eligibility
  • demonstrate favorable discretionary factors

In many cases, the outcome depends heavily on:

  • how evidence is presented
  • the quality of legal arguments
  • whether USCIS concerns are addressed directly and persuasively

Do Not Face a Complex I-485 Case Alone

If your adjustment of status case involves:

  • inadmissibility concerns
  • fraud allegations
  • prior immigration violations
  • criminal history
  • NOIDs or RFEs

it is critical to seek experienced legal guidance immediately. With the right legal approach, many difficult cases can still be successfully resolved. We are here to fight for your rights, protect your future, and help you pursue lawful permanent residence. Many cases can still be successfully approved with the right legal strategy.

Contact Us for Adjustment of Status Help

Call: 305-515-0613
Email: info@messersmithlaw.com

Same day consultations available.

I-485 Denial: What to Do When Your Adjustment of Status Gets Denied

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Receiving an I-485 denial for your Adjustment of Status (AOS) application can feel devastating, especially after months or years of waiting. But a denial doesn’t always mean the end of your green card journey.

Common Reasons USCIS Denies I-485 Applications

  • Incomplete or inconsistent documentation
  • Failure to maintain lawful status or unauthorized employment
  • Criminal or immigration violations
  • Marriage or relationship doubts in family-based cases
  • Public charge or inadmissibility findings under INA §212(a)

Each denial reason requires a specific legal response and acting quickly can make all the difference.

What You Can Do After I-485 Denial

  1. File a Motion to Reopen or Reconsider (MTR) – If USCIS made an error or overlooked evidence.
  2. Refile Your I-485 – Sometimes, a stronger, corrected application is the best solution.
  3. Appeal the Decision – In certain cases, you can take the case to the AAO (Administrative Appeals Office).
  4. Explore Waivers or New Eligibility Options – Especially if denied under sections like INA §212(a)(6)(C)(i) or INA §212(a)(9)(B).

Real Case Success Stories

Case 1: Marriage-Based I-485 Denial Reversed
A client’s marriage based green card was denied after USCIS questioned the legitimacy of the relationship. We provided evidence along with strong legal brief. The case was reopened and approved within 45 days.

Case 2: Employment-Based I-485 Denied for Status Violation
A foreign professional’s I-485 was denied because USCIS claimed he worked without authorization during a pending H-1B change and found him inadmissible under INA §212(a)(9)(B). We filed motion to reopen and the client received his green card within 3 months.

Case 3: I-485 Denial Due to Misrepresentation (INA §212(a)(6)(C)(i))
USCIS alleged false statements in a prior visa application. We filed an I-601 waiver supported by hardship evidence for his US citizen spouse. We obtained approvals for both the waiver and I-485 and the client became a permanent resident.

At Messersmith Law Firm, we have extensive experience in helping clients overturn I-485 denials, reopen denied cases, and correct inadmissibility findings that block green card approvals.

Contact us today 305-515-0613 or info@messersmithlaw.com for a same-day consultation to review your denial and determine the best legal strategy.

USCIS Appointment and Green Card Interview Rules – NEW

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New USCIS Interview for Employment Based I485 Applicants

For the past 15 years, USCIS has only required in person interview of employment based I485 applicants in situations where the USCIS adjudicator believed the applicant may have committed fraud, violated their nonimmigrant status or had a criminal record.  On August 28, 2017 that all changed.  USCIS has announced that their new policy is phase in in-person interviews for all employment based applicants.  This includes employer sponsored EB2 and EB3 based applications as well as self sponsored EB1 and NIW based applications.  These interview are expected to begin on October 1, 2017.

Scope of Interview and Possible Interview Questions

To determine what USCIS is looking for in these new interview, we can look to their announcement itself.  In their announcement, USCIS states that

Conducting in-person interviews will provide USCIS officers with the opportunity to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the individual seeking permanent residence in the United States.

It becomes readily apparent that the purpose of these interviews is to find a reason to deny your application.  Similar to marriage based fraud interviews, USCIS will use their available resources to conduct an investigation of the application prior to their interview to determine whether or not the applicant or the applicant’s employer made an false or misleading statements or submitted any false or misleading documents in support of either the labor certification or I140.  Moreover, in addition to background checks previously performed, USCIS is likely to perform credit checks and internet searches to see if there is any information available that contradicts what was submitted in the filings.

In marriage green card interviews, the adjudicating officer will review the forms filed, the documents submitted, and the question the applicants to determine not only if they meet the minimum requirements but also if their relationship is genuine and bonafide.  Questions about maintenance of nonimmigrant status are unusual in those case but in these new USCIS interviews for employment based applicants, it is likely to be one of the primary focuses.  If you are on an employment based visa, expect to be asked questions regarding your work, your job duties, the job location and all related questions.  USCIS will want to see if you properly maintained your status and if they determine that you did not, your case may be denied.  Furthermore, the likely main focus will be on the job identified in the I140.  Why did the employer sponsor you?  How did you hear about the job?  Do you currently work there?  How about your past experience?  Is it legit?  Are you currently working there?  Who are your coworkers?

After we appear at some of these interviews, we’ll know exactly what to expect but this is a new hurdle for employment based I485 applicants and if your interview does not go well, expect big delays and possible denials.  And if you have a spouse or child who has filed a derivative I485, expect to be grilled over those relationships as well, especially if the marriage is young or either of you have been previously divorced.  Our office has extensive experience with USCIS interviews and we can assist you in this matter.  If you are scheduled for an interview at a local office in Chicago, IL, Milwaukee, WI, St. Louis, MO, Des Moines, IA, or Indianapolis, IN, we can help you.  Contact us here.

 

No COS/EOS Notation on I-94

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Hello, we are a couple from Europe, Lithuania, we are 48 years old. We had a B1, B2 Visa for ten years. The last time we came to America, August 24.2010. Visa is valid until August 25 , 2010. We received a migration authorization (Form I-94) until November 15, 2010, with the words: “Stay Limited No EOS / COS. In November 2009, we asked the Migration extend our presence in United States. The first received a letter from the migration of the month, it was the standard migration Letter saying that our request is registered and received a fee. A second letter received from the migration in February 2011 with additional questions – Why do we require an extension. Responded to questions until March 7, 2011. And March 30, 2011 we received last migration letter stating that our request is denied.
We still have not left the country, we want to find a migration lawyer who could help us. We very much want to stay in this country, and to have legal status ….. Do we still have possibilities if you can help us??? Do we have the chance to obtain legal status, or to sponsor – the employer’s green card??? How much could it cost if we have another opportunity for legal status of any??? Are we still in force 180 days?
Looking forward to any response from you. Thank you for your time prevented. I hope for your help.
With respect.
I sincerely thank you.

A CBP “No EOS/COS/AOS” notation is not binding on USCIS and you can still obtain an extension from USCIS. That being said, your case has already been denied and it looks like the 30 day window to file a motion to reopen/reconsider has passed so you will most likely need to leave the country. We can help you obtain new visas at the Embassy to study or work here. You may have some other options so please contact our office for more information and be aware that the 3 year bar kicks in when you are out of status for 180 days.

Green Card Holder Sponsors Wife’s Adjustment of Status but Dies Before Approval

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My husband was a green card holder filed AOS based on 245(i) for me on April of 2001.  My husband died recently; I went to USCIS office in Houston to ask for an AP to attend husband’s funeral abroad.

I was told that my AOS application was “dead” since the petitioner-my husband, not a USC, died. I was also told to file an I-360 as widower.

Is this the correct route to follow?

No, widow self-petitions are only available for spouses of U.S. Citizens. However, you may be eligible for humanitarian reinstatement of the I-130 which would allow you to continue to pursue the I-485. Please contact our office for further details.

I-485 Denied Due to Missed Biometrics Appointment

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we were denied status adjustment and legal residence and travel (my wife) and they have told her she has 30 days to leave the country. we filed all paperwork and they said they sent us letters asking for additional information which we never got the first one. We then got a second letter we went into the office and spoke to them about the letter that we were told they sent and they said they had no such record of any letter being sent. Not to worry it was probably just the biometrics date. We now have received a letter stating denial and don’t know what to do. Please tell me how much it would be to file motions or appeals to reverse the decision on this. we have all documents needed and can provide any additional info required wanted needed or whatever. 

Assuming that you provided USCIS with your correct address and/or properly updated your address with USCIS, we can file a motion to reopen and get your filing back on track. Otherwise, you may have to refile your applications. It is very important to take care of this as soon as possible as there is typically a 30 day filing deadline for a motion to reopen and if you need to refile, it should be done before removal (deportation) proceedings are initiated.

Adjustment v Consular Processing

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I just got my Green Card. May my wife, who is currently in Germany, adjust her status to permanent resident?

Adjustment of status application can only be filed by persons in the US. She will need to consular process her application. This simply means that she will need to apply through the State Department and the Embassy to obtain an immigrant visa. Once she obtains the immigrant visa she will be able to enter the US and will become a US permanent resident.