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Schedule a Consultation →Unlawful Presence or Prior Immigration Violations
One of the leading denial grounds is accrued unlawful presence or prior immigration violations. If you overstayed a prior visa or were previously removed, these issues can trigger bars to adjustment. A three-year bar applies to those who accrued more than 180 days of unlawful presence; a ten-year bar applies to those with more than one year. These bars can sometimes be waived.
Criminal History
USCIS conducts thorough background checks. Certain criminal convictions, particularly aggravated felonies, crimes involving moral turpitude, drug offenses, and domestic violence, can be permanent bars to adjustment. Even arrests without convictions must be disclosed. Failure to disclose criminal history is itself a ground for denial (and potentially deportation).
Failure to Maintain Status
If you were out of status before filing I-485, your eligibility may be compromised. Immediate relatives of U.S. citizens generally have more flexibility here, but non-immediate relatives must have maintained valid status throughout their stay.
Errors on the Application
Simple mistakes, incorrect dates, missing signatures, wrong fee amounts, or inconsistent information across forms, can lead to rejection or an RFE that delays your case. Always have your application reviewed before filing.
Public Charge Ground
Since 2022, USCIS has applied the public charge inadmissibility ground under the final rule. Applicants must demonstrate they are not likely to become primarily dependent on the government for subsistence. This is evaluated using the totality of circumstances, not just one factor.
Failure to Appear at Biometrics or Interview
Missing your biometrics appointment or USCIS interview without notifying USCIS can result in abandonment of your application. If you cannot attend, reschedule as early as possible and keep documentation of why you missed.
Questions About Your Situation?
Every immigration case is different. Our team can review your documents and explain your options.
Call (407) 275-6163Frequently Asked Questions
Can I appeal an I-485 denial?
Yes. Depending on the reason, you may file a Motion to Reconsider (if USCIS made a legal error) or a Motion to Reopen (if new evidence is available). You can also refile if you remain eligible.
Can I reapply after a denial?
In most cases, yes, if the underlying issue is resolved. For example, if your case was denied for a missing document, you can refile with that document included.
Does a DUI affect my I-485?
A single DUI is not automatically disqualifying, but it may raise admissibility questions. Multiple DUIs, or a DUI combined with other issues, can be more problematic. Disclose all arrests and let a professional review your specific situation.
What if I was denied because of a USCIS error?
File a Motion to Reconsider with evidence demonstrating the legal or factual error. Act quickly, there are filing deadlines.
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