Receiving a denial for a marriage-based adjustment of status can be stressful for couples.
Understanding the available options after a denial is important for moving forward.
Filing an appeal or motion to reopen
One option after an adjustment of status denial is to file an appeal or a motion to reopen the case. An appeal requests that a higher authority review the denial decision. In the case of a marriage-based adjustment, appeals typically go to the Administrative Appeals Office (AAO). Filing an appeal requires evidence showing that the original decision was incorrect.
A motion to reopen, on the other hand, asks the U.S. Citizenship and Immigration Services (USCIS) to review the case again based on new evidence or changed circumstances. Couples may file a motion to reopen if they have additional information that could change the outcome of their application.
Reapplying after a denial
If an appeal or motion is not the best option, couples can choose to reapply for adjustment of status. Reapplying allows couples to correct errors or address any issues that led to the initial denial. You need to understand why the application was denied in the first place, as this helps prepare a stronger case the second time around.
Consider seeking legal assistance
After a denial, navigating the next steps can be a challenge. Consulting with an immigration attorney can help couples determine the best course of action. An experienced attorney can also ensure you correctly complete all paperwork and include all important details.
Moving forward after a denial
A denial of a marriage-based adjustment of status is not the end of the road. Couples can continue pursuing their goal of living together in the United States. Understanding these options and seeking professional guidance can help couples take the proper steps toward a successful outcome.