Adjustment of status is the process by which noncitizens become lawful permanent residents in the United States. Those with a temporary lawful status in the U.S. and who qualify for a green card (most commonly through employment- or family-based petitions) can apply to adjust status through U.S. Citizenship and Immigration Services (USCIS). Others may qualify for a green card in the U.S. even if they did not enter with and maintain a lawful status, in particular asylees and recipients of certain humanitarian visas.
Your application for adjustment of status may be denied for many reasons, for example that USCIS finds that you did not meet the eligibility requirements or suspects you of fraud. If your application is denied, USCIS will send you a letter explaining the reason for the denial.
Depending on the reason you may want to file an appeal or apply again. If you are not in legal status when your application is denied, you will most likely be sent to removal proceedings in immigration court. Due to a change in USCIS policy, the chances of you being sent to removal proceedings have greatly increased.
If you have another form of temporary immigration status (for example a temporary work visa or humanitarian visa) your status will revert back to your temporary status when adjustment is denied. Depending on your case type and the reason for your denial, you may then be able to file an appeal with the USCIS Administrative Appeals Office (AAO) using Form I-290B. Your denial letter will state whether you are able to file an appeal using I-290B and the fee for this appeal ($675 in late 2018).
If you are thinking of filing an appeal, consult with an immigration attorney to determine whether you have a valid appeal argument. (See What Immigration Lawyers Report About Their Fees and Free Consultations.)
You, most likely with the help of your attorney, will want to address all the reasons you believe USCIS was in error when it denied your application. You won't have very much time in which to put your appeal together, as it must be filed within 30 days of service of the negative decision on you or 33 days from the date of the decision if you received it by mail.
If you are still in temporary lawful status, you can also try to apply for adjustment again, which may be easier than an appeal. If you reapply, make sure to address the issue that caused your application to be denied. For example, if USCIS claimed you did not produce enough evidence with respect to one aspect of your case, you should make sure to include more evidence regarding that issue in your second application.
If you do not have another temporary lawful status when USCIS denies your application for adjustment of status, you might receive a Notice to Appear (NTA). This formally begins the removal (deportation) process from the United States. You have a number of options in removal proceedings.
One is to ask the immigration judge for voluntary departure (if you meet the requirements) and return to your home country. The advantage of this is that it not only avoids having an order of removal on your record, but you may then be able to seek a green card again through “consular processing”—applying for permanent residence through the Department of State at the U.S. embassy in your home country instead of through USCIS in the United States.
Or, you may want to stay in the U.S. and apply for adjustment of status again before the judge in immigration court. If the immigration judge grants your application, you will be issued a green card and become a lawful permanent resident just as if your application had been granted by USCIS.
If the judge does not grant your application, however, you could be at risk of being issued a removal (deportation) order. If issued such an order, you will not being able to return to the United States for ten years (unless later granted a waiver).
If you find yourself in removal proceedings it is important to hire a competent immigration attorney to represent you. Removal proceedings are complicated and the judge's decision carries serious consequences.
