What happens when an AoS is denied?

[Kittyfang 6]

I thought that a denied AoS resulted in the non USC having to leave the U.S., but now that I read this (http://www.pcurtislaw.com/adjustment-status-denied), I'm not so sure.

For example, (and I know, I know, I am *not freaking out*... I just like to know the whole situation) if my case was to be denied. According to that, would I be able to file a second time? Would I have to leave right away... The wording in the text makes it seem as if people who are denied can just... stay here and refile, or just stay here.

[Rhiannercakes 14]

You're being reaaaally paranoid

I believe the person trying to get the green card will be put into deportation proceedings..

(That I'm aware of, anyway.)

Edited May 8, 2010 by Rhiannercakes

[VanessaTony 3,567]

I thought that a denied AoS resulted in the non USC having to leave the U.S., but now that I read this (http://www.pcurtislaw.com/adjustment-status-denied), I'm not so sure.

For example, (and I know, I know, I am *not freaking out*... I just like to know the whole situation) if my case was to be denied. According to that, would I be able to file a second time? Would I have to leave right away... The wording in the text makes it seem as if people who are denied can just... stay here and refile, or just stay here.

I know that K1's and other spousal petitions can appeal... but I honestly thought as a VWP (at least) you couldn't appeal... it does appear from this doc that you can though...

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=8cfr there's the CFR they're referring to in the deadlink in the link you posted. You'll need to go to: 103.3

[Kittyfang 6]

You're being reaaaally paranoid

I believe the person trying to get the green card will be put into deportation proceedings..

(That I'm aware of, anyway.)

Hey! Just because you're paranoid doesn't mean they aren't after you! *shifty look*

(joke!)

But no, that was just for my own personal knowledge.

[Otto 83]

Kitty... why do you torture yourself this way?

If denied - you'll move on to Removal Proceedings (in front of a judge). You might win that, might not, if not- you'll be asked to leave the country. Happy now?

[Kittyfang 6]

Kitty... why do you torture yourself this way?

If denied - you'll move on to Removal Proceedings (in front of a judge). You might win that, might not, if not- you'll be asked to leave the country. Happy now?

I don't know, but now I'm starting to worry about being approved... I mean... What will I worry about THEN!

[Chickaflick 0]

lol.. I think you need to use my icon instead of yours...

[Kittyfang 6]

lol.. I think you need to use my icon instead of yours...

O... M... G... I LOVE your icon!

And I'm totally serious in saying that I agree with you lol!

[Chickaflick 0]

I love it too and its how I feel during this whole process! Especially when people say "what will you do if your K1 is denied?".. gee thanks like I need that running through my head!

You shouldn't worry yourself or you'll go crazy! (but I totally relate!)

[Nartaki 7]

Kitty...I thought was paranoid and going nuts, but after reading some of your posts for the past few days and it seems like I was taking Valium.

[Brother Hesekiel 2,235]

Kitty,

you need to stop this. There is no reason that your AOS would be denied, other than the I.O. gets a clue that you have a mental illness like severe paranoia that the civil surgeon simply missed at the medical.

[BMW4me 12]

actually bob can you, vanessa or anybody can you guys list ALL THE REAL reasons why would a i485 would be denied?

[Laura & Kyle 16]

I thought that a denied AoS resulted in the non USC having to leave the U.S., but now that I read this (http://www.pcurtislaw.com/adjustment-status-denied), I'm not so sure.

For example, (and I know, I know, I am *not freaking out*... I just like to know the whole situation) if my case was to be denied. According to that, would I be able to file a second time? Would I have to leave right away... The wording in the text makes it seem as if people who are denied can just... stay here and refile, or just stay here.

Mrs. Kittyfang,

I have read your posts and you write what most of us have thought, think, or consider to varying degrees while on the AOS journey. You know you probably freak some others out when you post about your anxiousness, right? They may think they are fine in the process and then read your posts and figure they just may have something to freak out about.

In all seriousness though, I had the same question about if Kyle were to be denied... what would the next steps be? Well for me, I felt quite calm before the interview knowing that if we didn't have a positive interview experience this way, he'd have about 30 days from being deported (or voluntarily being sent home) and then we'd go through the CR1/IR1 process. We didn't have an overstay situation to worry about though. From what I've read in the past, there is no way to refile or appeal the case because we were a VWP AOS case...

I'm thinking if we all researched hard enough, there are lots of cases with crazy endings, different routes we never thought possible,etc. With enough money and with a lawyer.. anything (AOS related) can be possible (although it'd be nicer to say with enough effort.. anything is possible in AOS land.)

Go file your papers already, KF!!! I'm ready to see your timeline change.

Laura

Edited May 9, 2010 by laura and kyle

[Nartaki 7]

actually bob can you, vanessa or anybody can you guys list ALL THE REAL reasons why would a i485 would be denied?

Look at the "Yes/No" questions on the I-485. If you answered "Yes" to any of the questions, then by law you are ineligible to adjust status unless you have a waiver that was approved. Most common examples include criminal history, terrorism history and problems with immigration before.

Other reasons would include fraudulent I-130 petition (sham marriage), problems with the I-693 (history of a communicable disease) and problems with the affidavit of support I-864.

According to the Applications for Immigration Benefits- Feb 2010 Monthly report, only 12.9% of the Applications for Immigration Benefits in 2009 and 13.2% in Feb 2010 were denied. However these included other forms such as I-90, I-765 and I-131 which are usually approved.

[Kittyfang 6]

Kitty,

you need to stop this. There is no reason that your AOS would be denied, other than the I.O. gets a clue that you have a mental illness like severe paranoia that the civil surgeon simply missed at the medical.

Well, believe it or not, this was more of a curiosity based question than extreme paranoia one. But I get your point.

Look at the "Yes/No" questions on the I-485. If you answered "Yes" to any of the questions, then by law you are ineligible to adjust status unless you have a waiver that was approved. Most common examples include criminal history, terrorism history and problems with immigration before.

I have answered No to everyone of those. As a friend of mine use to say "it doesn't count if the cops don't find out about it!" (joke )

Other reasons would include fraudulent I-130 petition (sham marriage), problems with the I-693 (history of a communicable disease) and problems with the affidavit of support I-864.

According to the Applications for Immigration Benefits- Feb 2010 Monthly report, only 12.9% of the Applications for Immigration Benefits in 2009 and 13.2% in Feb 2010 were denied. However these included other forms such as I-90, I-765 and I-131 which are usually approved. That is a great site, I'll have to keep an eye on it.

Edited May 9, 2010 by Kittyfang