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When applying to adjust status to permanent resident in the United States, an applicant must provide evidence to USCIS showing that they will not become a public charge. This is a standard requirement for individuals seeking immigration benefits. As such, applications must include a properly completed Form I-864, Affidavit of Support, along with all required supporting documents. The most common reason USCIS denies I-485 Green Card applications is due to an incorrectly completed Form I-864, Affidavit of Support.
If you do not sign or fill out the I-864 application correctly, or include the appropriate supporting documents, such as W-2 forms, tax transcripts, pay stubs, or letter from employers, then you may face a denial of your Green Card application. You will then be deemed as inadmissible and placed in removal proceedings. The best way to avoid such a scenario is to ensure that you understand the process and have competent representation when completing your adjustment of status application for your Green Card.
If you fail to sign or complete the I-864 application correctly, or omit the necessary supporting documents, your Green Card application may be denied. You could then be deemed inadmissible and placed in removal proceedings. The best way to avoid this outcome is to fully understand the process and seek competent representation when submitting I-485 Green Card application.
Other Reasons for I-485 Denials
While having an improperly completed Form I-864 can lead to a denial of your adjustment of status application, there are other reasons why it may be denied. These include the following:
Inadmissibility
To be eligible to adjust your status to permanent resident, you must prove that you entered the U.S. legally. If you entered without inspection, you will be considered ineligible to adjust status in the U.S. This will be grounds for denying your I-485 filing.
Reasons why you may be found inadmissible:
- Unlawful presence
- Unauthorized employment
- Immigration fraud
- Criminal history
- Health issues without waivers
Failing To Maintain Legal Status
If you entered the U.S. legally but fall out of status before filing an I-485 application, you may face a denial of your Green Card application.
Other Missing or Incomplete Documents
In addition to providing a properly completed Form I-864, Affidavit of Support, and appropriate supporting documents, you must also include a medical examination, biographical documents with translations if needed, proof of your bona fide relationship if the filing is based on marriage, and photos. If any of these documents are missing and you cannot provide them, your application will likely be denied.
Missed Appointments
After filing your adjustment of status application, you will be scheduled for a biometrics appointment and an interview. If you miss either of these appointments, your I-485 may be denied unless you can provide a valid reason.
Properly completing Form I-864, Affidavit of Support, is essential when submitting a Green Card application. Failure to do so is one of the most common reasons for denial. Other common causes of denials include falling out of status, being found inadmissible, submitting incomplete documentation, or missing scheduled appointments.
If you are concerned about filing a correct Green Card application, or if you have questions regarding another immigration legal matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
