My wife was just denied her Adjustment of Status by USCIS. We will not find out what the reason was for until we receive the letter from USCIS. We would like to know what options we have and what course of action we need to seek. My wife is from a country that is currently on the brink of war by an aggressor country and we just had our first baby. My wife has been in the US since Nov. 14, 2013. Tomorrow is her 1 year anniversary. We would like to come into an office to sit and talk about our options. Thank you for your time.Her application for Advanced Parole and her Work Authorization where also denied after a year. My wife has a Master's Degree from a University in the country she is from.
It is important that you speak to an attorney so that he/she can review the reasons why the adjustment of status was denied. Since you do not know the reason for the denial, I would recommend to bring with you copies of all the documents you filed with USCIS.
The Charlotte School of Law has an Immigration Clinic that may be able to assist you with an appeal of the USCIS decision but you must act quickly. If that is too far for you or you do not qualify for assistance you need to meet with a reputable immigration attorney in your area soon.
I think that is an excellent idea. Ask friends and family (and maybe lawyers in other areas that you have worked with in the past) to refer you to someone you can trust. You should be able to figure out what you did wrong - with a little help. Better late than never. Thank you for posting this as a warning to others who think "it can never happen to us" Good luck to you both.
Did they at least approve the I-130? Or is the I-485 the only application they denied? I-485s can be denied for a variety of reasons (fraud, no proof of admission into the USA, I-130 was denied, etc.)
You need to speak with an immigration attorney as soon as possible to discuss her options. They can review what you submitted, and a good attorney should be able to inform you why it was denied.
Her options are the following: She can refile an adjustment of status application, so long as she is eligible for it. She can also file a Motion to Reconsider/Reopen, too.
You definitely should sit down with an experienced immigration attorney. It's unusual that you would know that your case was denied, but not know the reason. You will, indeed, have a small window of time to file an appeal if that is the best route for you. An experienced immigration attorney can help you decide whether an appeal or a motion is the best route.
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