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How Do I Appeal My Denial of Adjustment of Status Based on Marriage?

December 17, 2013 by Thomas Geygan

Path to Comprehensive Immigration Reform

The process of becoming a lawful permanent resident in the United States and effectively having “green card” status proves to be a stressful process for both spouses when the adjustment of status is based on marriage.  From the lengthy paperwork, to the interview process, to the long wait for a response, the process takes a huge toll and leaves couples nervous that the application submitted by the immigrant seeking adjustment of status will be denied.

The first step following a denial of your application is to seek the help of an experienced immigration attorney, if you have not already done so.  An immigration attorney will help you understand why your application for adjustment of status based on marriage was denied, and what you need to do in order to cure any deficiencies.  If the reasons for denial are due to missing documentation or incomplete paperwork, an immigration attorney can assist you in ensuring you provide the office of the United States Citizenship and Immigration Services (USCIS) with the proper supplemental documentation.

Unfortunately, there is no formal appeal process for a decision to deny an application to adjust status, whether it is based on marriage, employment, or other means.  You could face removal proceedings if you have no legal right to be present in the United States other than the hope of having your application to adjust status based on marriage approved.

However, if you are subject to removal proceedings, you will have the opportunity to renew your application to adjust status based on marriage to an immigration judge.  At this time, the judge will look at all of the facts and circumstances, and determine if the initial decision to deny your application was correct or incorrect.  It is critical that you have an immigration attorney representing you at this time because an experienced immigration attorney will advocate for you to the fullest extent in an effort to have your application approved.

There are times when you may file a motion to have your particular case reopened or reevaluated after a judge has ruled against you.  You may even need to file a lawsuit in the United States federal court.  These are decisions that only an immigration attorney understands well enough to know if filing a motion or lawsuit is the best method to help you reach your goal of becoming a lawful permanent resident and having “green card” status.

 Prevent Denial of Your Application of Adjustment of Status in the First Place

A key reason why many applications for adjustment of status based on marriage are denied is because many marriages appear to be sham and not bona fide.  A bona fide marriage is one that is genuine and not one that has only occurred to enable one spouse to get lawful permanent resident status and then potentially divorce the United States citizen spouse in the near future.  To avoid any question that your marriage is illegitimate, be sure to have ample documentation that supports a finding that your marriage is not intended only to obtain favorable immigration status.  Further, be sure you are filling out the forms correctly.  To have an application denied simply because forms are not properly filled out is discouraging and causes unnecessary stress.

Contact Our Immigration Attorneys at Geygan & Geygan, Ltd. Today For a Free Consultation

While you can certainly fill out the paperwork to seek adjustment of status based on marriage alone without the help of an attorney, it is in your best interest to seek the advice of an experienced immigration attorney to ensure that you have met all requirements.  Leaving just one document out of the application can lead to a denial of your application.  The immigration attorneys of Geygan & Geygan, Ltd. have helped thousands of clients go through the green card process, especially when the green card is obtained through an adjustment of status based on marriage.  It is essential that you understand your rights and obligations before filling out the required forms and going through the interview process.  To speak with our skilled immigration attorneys, call Geygan & Geygan, Ltd. today to schedule a free consultation.  We can be reached by calling 513-791-1673.

How Do I Appeal My Denial of Adjustment of Status Based on Marriage?

 

The process of becoming a lawful permanent resident in the United States and effectively having “green card” status proves to be a stressful process for both spouses when the adjustment of status is based on marriage.  From the lengthy paperwork, to the interview process, to the long wait for a response, the process takes a huge toll and leaves couples nervous that the application submitted by the immigrant seeking adjustment of status will be denied. 

 

            The first step following a denial of your application is to seek the help of an experienced immigration attorney, if you have not already done so.  An immigration attorney will help you understand why your application for adjustment of status based on marriage was denied, and what you need to do in order to cure any deficiencies.  If the reasons for denial are due to missing documentation or incomplete paperwork, an immigration attorney can assist you in ensuring you provide the office of the United States Citizenship and Immigration Services (USCIS) with the proper supplemental documentation.

 

            Unfortunately, there is no formal appeal process for a decision to deny an application to adjust status, whether it is based on marriage, employment, or other means.  You could face removal proceedings if you have no legal right to be present in the United States other than the hope of having your application to adjust status based on marriage approved. 

 

            However, if you are subject to removal proceedings, you will have the opportunity to renew your application to adjust status based on marriage to an immigration judge.  At this time, the judge will look at all of the facts and circumstances, and determine if the initial decision to deny your application was correct or incorrect.  It is critical that you have an immigration attorney representing you at this time because an experienced immigration attorney will advocate for you to the fullest extent in an effort to have your application approved.

 

            There are times when you may file a motion to have your particular case reopened or reevaluated after a judge has ruled against you.  You may even need to file a lawsuit in the United States federal court.  These are decisions that only an immigration attorney understands well enough to know if filing a motion or lawsuit is the best method to help you reach your goal of becoming a lawful permanent resident and having “green card” status. 

 

Prevent Denial of Your Application of Adjustment of Status in the First Place

 

            A key reason why many applications for adjustment of status based on marriage are denied is because many marriages appear to be sham and not bona fide.  A bona fide marriage is one that is genuine and not one that has only occurred to enable one spouse to get lawful permanent resident status and then potentially divorce the United States citizen spouse in the near future.  To avoid any question that your marriage is illegitimate, be sure to have ample documentation that supports a finding that your marriage is not intended only to obtain favorable immigration status.  Further, be sure you are filling out the forms correctly.  To have an application denied simply because forms are not properly filled out is discouraging and causes unnecessary stress.

 

Contact Our Immigration Attorneys at Geygan & Geygan, Ltd. Today For a Free Consultation

 

            While you can certainly fill out the paperwork to seek adjustment of status based on marriage alone without the help of an attorney, it is in your best interest to seek the advice of an experienced immigration attorney to ensure that you have met all requirements.  Leaving just one document out of the application can lead to a denial of your application.  The immigration attorneys of Geygan & Geygan, Ltd. have helped thousands of clients go through the green card process, especially when the green card is obtained through an adjustment of status based on marriage.  It is essential that you understand your rights and obligations before filling out the required forms and going through the interview process.  To speak with our skilled immigration attorneys, call Geygan & Geygan, Ltd. today to schedule a free consultation.  We can be reached by calling 513-791-1673.

Filed Under: Citizenship, Deportation & Removal, Family Member, Family Visas, Green Card, Immigration, Waiver

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