Information of “could-be-denied cases” of Form I-485

Information of “could-be-denied cases” of Form I-485

There are several ways to apply for the adjustment filing or the green card (Lawful Permanent Resident) application through variety of eligible immigration categories. For example: applying through family-based petitions or employment petition or other eligible categories. Many people may have been heard that the filing for the adjustment application is not very complicated or normally approvable if all prerequisite evidences are submitted to USCIS in timely manner. Despite this is theoretically correct, some adjustment filing categories have very restricted rules to get an approved from USCIS. Let us discuss one of the most deniable adjustments of filing categories below.

Applying through An Approved Special Religious Worker Category

Generally, ministers and non-ministers in religious vocations and occupations may immigrate to or adjust status in the U.S. for the purpose of performing religious work in a full-time compensated position. According to USCIS, the special immigrant religious workers mean they are certain members of a religious denomination who will be working as a minister or in another professional or nonprofessional capacity in a religious vocation or occupation for the denomination’s bona fide nonprofit religious organization in the United States. If U.S. petitioners are filing for their beneficiary under the special immigrant religious worker category, they may not file the respective Form until USCIS first approves their underlying Form I-360, and an immigrant visa is immediately available.

Some Important Factors

•  Submission directly without advice from immigration attorney or legal experts

This is a big red flag to USCIS, and the agency could deny the application without requesting for additional evidence (if applicable). Because the documents preparation plays vital role in this category and it could be very hard to get approved without legal experts’ advice.

• Beneficiary is applying the respective Form directly to USCIS without U.S. petitioner’s approval. This is also a red flag indicator to USCIS, and the agency could deny the application without requesting for additional evidence (if applicable). To accept the application by USCIS, the U.S. petitioner or their authorized personnel must submit the complete application.

• Failure to Continuously Maintain Lawful Immigration Status: the applicant failed to continuously maintain a lawful status since entry into the United States applies to an applicant for adjustment who has:

  Failed to maintain continuously a lawful status since their most recent entry; and

  An applicant who has ever been out of lawful status at any time since any entry

• Violation of Terms of Nonimmigrant Visa

Violation of the terms of a nonimmigrant visa or a violation of the terms and conditions of an alien's specific nonimmigrant status. Please note that if the applicants violated the terms of their most recent nonimmigrant status can trigger the violations of the terms of a nonimmigrant status at any time during any prior periods of stay in the United States as a nonimmigrant. Anyone applying under this category must submit evidence to show they have continuously maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA section 245(c)(2) and (c)(8).

• Missing of Medical Form I-693

Applicants for adjustment of status are generally required to complete an immigration medical examination and submit a properly completed Form I-693 signed by a civil surgeon to show that they are free from health conditions that would render them inadmissible under the health-related grounds.

Note: This information is for generally educational or informational purposes only and it does not constitute legal advice.