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What happens when an adjustment of status through marriage application is denied?

Los Angeles, CA |

Denied because of either of two scenarios:

- an application is denied because the documents submitted are considered inadequate and the petitioner is not able to respond in time to Request for Evidence

-an application is denied because the couple failed the green card interview

In either case, would the application simply be denied? Or would the prospective beneficiary be deported? How soon would they find out that they won't get a green card?

Attorney Answers 5

  1. Best answer

    Since the most recent ICE policy, unless there are criminal or fraud issues, if adjustment is denied, the immigrant is not necessarily placed in removal proceedings, although that can certainly happen and back 6 -7 years ago was a norm (but as I said not recently). If the officer suspects marriage fraud, typically the case is referred for a second interview.

    Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.

  2. If your question is whether the beneficiary would be then placed in removal proceedings or arrested by ICE, it might happen.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  3. You cannot fail an interview. If you did not meet your burden of proof, USCIS would normally first send a notice of intent to deny. They can also refer the file to an investigator. This could cause delays of many years in some cases and you will have to wait for a decision then.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

  4. You describe a classic case of insufficient legal assistance that resulted in a denial of the immigration benefit. Now, even if you elect to retain a very experienced counsel, the task would be still more difficult to convince the USCIS as the prior denial is already on record. In my professional opinion, it is always easier to prepare a case from the beginning then attempt to rectify prior mistakes.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602

  5. Failing to provide information at time of the interview, versus prior to the interview are two separate issues which seem to be independent of one another, so this is very confusing because it does not seem to indicate one case, but two separate cases. In any event, under the current policy, ICE will not be contacted by USCIS unless there is a fraud/criminal issue with the matter. If a denial took place, there should be an ability to reopen or present additional documentation to overcome the issue if a NOID was issued.

    William Quirk, Esq. Meehan & Quirk, LLC 354 State Street, Hackensack, New Jersey (201)968-0800 The answers to questions provided by Mr. Quirk are for general purposes only and do not establish an attorney-client relationship. This information is for informational purposes only and does not form any relationship between the individual asking the question and the attorney. You should investigate and consider all possible outcomes with a skilled individual before making a final decision.

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