Supplement J does not apply if the I-140 petition is being filed concurrently with the I-485. We did submit the RFE within 30days after the interview. I received the Interview letter from USCIS on November 13th. A new stronger case will allow a new adjudicator to review your case with fresh eyes. After 18 months of waiting, USCIS denied his N-400 stating that he had not been living in marital union for the requisite 3 years. Applicant Interview. Immigration Information Center: Visa, Green Card and Citizenship. Perplexity and extreme emotion will probably figure into your state of mind after you hear those two words that cut through you like a knife: You're Denied! Denials can be delivered at the end, in the middle, or right at the beginning of your interview but whenever you hear them it's important not to over-react for two reasons. Toward the end of the American Civil War and into the Boer and Russo-Japanese Wars, the proximate. tinlieneasge Monday, July 4, 2011. What happens After I-485 interview ? If your I-485 is denied, you will receive a Notice to Appear before an Immigration Judge. Everything went well and on January 6th my interview was scheduled for Feb 9th 2017 immediately after I got the notice I had to go back to Ind. USCIS will forward your case to a local office under such conditions. Adjustment of Status Green Card Interview : What to do when denial is issued? USCIS Marriage Interview (I-485 adjustment of status & I-751 removal of NOTICE TO APPEAR in IMMIGRATION COURT. In April of 2019, our client was tired of waiting and engaged the firm to file a mandamus in federal court to compel USCIS to make a decision on our client’s I-485 green card application. If the sponsored husband or wife is present in the United States, you can file I-130 and I-485 together as "concurrent" application. Will definitely wait for the letter to arrive. i did not renew my h4. Applications are denied if you are no longer eligible for permanent residence. So you've mailed your green card application, and you are curious what happens after submitting your I-485? Once you submit Form I-485, there are still a few more steps to take before you can become a permanent resident of the United States. In 2011, he filed the N-400 naturalization application after three years of permanent residency and marriage to his US citizen wife. There is no filing fee. Applications are approved if you have maintained your permanent residence eligibility. And our case was pending up till 2016. Maybe smb use to have similar situation. I had a working day and tasks to fulfil, and learned from an early age the value of having a minimum wage after a month of working. You will probably be standing in the airport terminal when you discover that you have been denied entrance into the United States. Deportation After Withdrawal of I-485 I have a situation that I need an answer to as it has got me Almost drove crazy. Clearly if your I-485 was denied due to the lack of an approved I-130, and you have that proof then all you'd have to do is send in that paper. Spending there 2 months I flew to TX to visit my friend who I have met in Ukraine during my fiancee visa petition and we decided to get married, so I actually got married during 90 days like it says on K-1 visa only not the one who filed the. CITIZENSHIP (NATURALIZATION) DENIED; AND YOU THOUGHT IT WAS AS SIMPLE AS FILLING OUT A FORM: Either of two things just happened! One, you just completed your Citizenship or Naturalization interview and the immigration officer told you on the spot that your application is denied or two, you just received a denial letter in the mail. If your I-485 has been approved. before filing of I-485 application, and they should have accumulated an aggregate of less than 180 days of unlawful stay or unauthorized employment, during the period either before or after filing of I-485 application. the case will be denied. I 485 Denied Immihelp. If you quickly move on after a divorce to a new U. Arguing will not help and will usually hurt your case. What to do when your I-130 Petition is DENIED. To do so, submit Form N-336, Request for Hearing on a Decision in Naturalization Proceedings Under Section 336 of the INA, with fee within 30 days after receiving the denial notice. In advance of the consular interview appointment, you may schedule the Infopass appointment so you can be sure it takes place soon after the consular interview. After the Interview. I got a denial letter after interview for I-485 marriage based. N continued to live in the United States and pursue his American dream. After the interview, USCIS will either grant or deny your I-751. If denied a visa after administrative processing, can the decision be appealed? Where can I find more information on administrative processing? What is "Administrative Processing"? When a person applies for a non-immigrant visa at an Embassy or Consulate, the Consular Officer can issue the visa at or soon after the visa interview. The interview usually takes place from 3 months after your application is filed. 2) Birth Certificate not available In case applicants BC was not registered at the time of birth the applicant needs to prepare well in advance of filing the I 485 application to ensure that this RFE can be answered. For example, Robbie, a U. Once your application is accepted, it will go to the final stage where it is either approved or denied. Now I am eligible for EB2 due to (1) TYPE 1 visa screen & 5 + years of experience. Never got a work permit or anything like that. "Their relationship is a complex one, I would argue sustainment is fundamental for the U. USCIS is not initiating removal procedures against you at this time. Since I-130 is not approved and current visa number is not available, denial was right. F1 Visa Interview. I wish I had become a client as soon as my I-485 was filed. Of course, the government can revoke the I-140 petition at any time for other reasons, such as fraud or other ineligibility. , it is not considered a non-immigrant status. If you've been denied an adjustment of status by filling out Form I-485 and you’ll attend an interview at which USCIS approves your U. Bottom Line. To do this, your fiance will have to apply for "adjustment of status. Prepare for the Interview. If the sponsored husband or wife is present in the United States, you can file I-130 and I-485 together as "concurrent" application. My friends who filled out their own paperwork got a I-485 denial. An applicant can opt either for I-485 or Consular Processing (CP). Citizenship and Immigration Services (USCIS) approves the petition filed by your U. Inadmissibility Reasons for a Green Card Application Denial. Got EAC and started to work in Dec 2000. Having represented numerous clients in these cases and also having accompanied clients in these interviews in cities such as: Baltimore; Chicago. When you receive this bad news, you must follow these steps before doing anything else. You can't just replace your ex-spouse on the I-485 petition. Consular Processing vs. You will need to pay all fees over again as well. A new stronger case will allow a new adjudicator to review your case with fresh eyes. One can only hope that the agency does not issue NTAs for denied I-485s which cannot be appealed in situations where the I-140 or I-130 petition is the subject of appeal. Embassy or Consulate in the applicant’s home country or another country where he or she has resided for at least three months ("consular processing"). After Obtaining Green Card. a form I-485. An F1 visa interview will be required to determine whether or not you are qualified to receive an F1 student visa. Q: My concurrent I-140/I-485 application was denied after RFE response. hello, my first i-485 (concurrently with i-140 pursuant to schedule a) was filed validly since i was on h4. This is a tough way to win, however, so you need to be extra thorough when you prepare. I was married with my ex and have 1 child. The interview notices that are currently being sent out are generic and somewhat confusing as they include certain documents that do not even apply in employment-based cases. What should we suspect after the interview? At the end of the interview, the officer should tell you whether your case was approved, denied, or if the officer needs more evidence to make a decision. I am a USC and married to a foreign national and we filed I-130 and then I-485 at the beginning of this year and all went well with that process. Why was Your Adjustment of Status Application Denied?. After 6 month. The I-130 got approved. The only thing missing is the FBI Clearance, and they don't know how long this is going to take. Citizenship and Immigration Services. If your I-485 has been approved. If your I-485 petition is sponsored by an employer, for instance, some EB-1 green cards, EB-2, or EB-3, you have the option to change employers six months after the adjustment of status has been filed. 2 days ago · The two were first linked in March 2018 and went public with their relationship shortly thereafter. You can request a hearing if your Form N-400 is denied after your eligibility interview, and if you believe you can overcome the grounds for denial. Once your application is accepted, it will go to the final stage where it is either approved or denied. You may be called for a fraud interview after your USCIS (form I-485) green card interview. Following the interview the I-485 and I-601 applications were both approved and our client received his green card. What are my options after I485 denied? I came on J2 visa 2000. This does not make any sense. " An immigration judge denied the family's bid for asylum, and when Calderon was 15, she was given a final. The final decision on your application (whether approved or denied) will be sent to you in writing. Proper preparation can make all the difference in being approved or denied for a Green Card. If your application is denied even after you have responded to the notice of intent to deny, you may file form I-290B to appeal the denial of your adjustment of status application. Take a deep breath. "I cried every night. 485 pending after interview No job Posted: 29 May 2019 Hello. For adjustment of status through a U. After the Initial Interview, it may be possible to fix an inappropriate denial by filing a motion to reopen (MTR). my second i-485 was filed almost immediately after the denial. After 17 months of waiting, I finally received a status update last night, August 1st, 2019 at exactly 11pm that my "Interview was scheduled". Here's her story. After filing the adjustment of status packet, you’ll wait about 30 days for fingerprinting and another three months for an interview with USCIS. Below we will go over some of the top reasons for denial and discuss your options if denied. After the interview, it may be possible to fix an inappropriate denial by filing a motion to reopen. If You Are Selected. The first thing to do is to try to get the birth registered in home country/ municipal corporation. i did not renew my h4. To learn more about other potential problems, read What to expect after your marriage-based green card interview. I am a USC and married to a foreign national and we filed I-130 and then I-485 at the beginning of this year and all went well with that process. fiancé or spouse (on Form I-129F or I-130) to help you immigrate, but then denies your application for a green card via adjustment of status (on Form I-485), the next steps can be complicated; though at least, because you are in the U. , green card applications) at the same time your employer or you file an I-140 Immigrant Petition for Alien Worker. Denied I-485 Due to History of Shoplifting Hi everyone. The reason the I-485 was denied is that. At or soon after that interview, you should be approved for permanent residency and then receive your Green card. php(143) : runtime-created function(1) : eval()'d code(156) : runtime-created function(1. You can totally drop out of school. Receive Interview Appointment Notice (Approximately 4-10 months after filing) The beneficiary and the petitioner will receive an appointment notice for the adjustment of status interview. Prepare for the Interview. I am a USC and married to a foreign national and we filed I-130 and then I-485 at the beginning of this year and all went well with that process. The NBC will then schedule an interview slot at the local USCIS Field Office. What to do when your I-130 Petition is DENIED. Plus, you’ll gain access to innovative tools, expert assistance and community support. Later, the dropbox program (Visa Interview program) in India have been expanded to include H1B Visa, H4 Visa, L1A, L1B, B1/B2 Visa and F1 Visa. consulate abroad). This is not correct. Toggle navigation. Jill's AOS Interview. AOS based I-765 is generally adjudicated before I-485 and in-line with general I-765 processing times po. Form I-485 is also the next step in the family-based green card process after submitting Form I-130 (Petition for Alien Relative). After you file your application, you will be notified to appear at an Application Support Center for biometrics collection. citizen and his wife, Jill, was not. If you quickly move on after a divorce to a new U. 129 Responses to “Top 10 Reasons Why Immigrants Get Visas Denied” up after the interview until the consulate has a chance to examine all the details about the. To do so, submit Form N-336, Request for Hearing on a Decision in Naturalization Proceedings Under Section 336 of the INA, with fee within 30 days after receiving the denial notice. Even if the USCIS has granted several EAD approvals, they may very well issue a request for evidence (RFE) or even a denial of the I-485, if there are underlying problems with the case. The only thing missing is the FBI Clearance, and they don't know how long this is going to take. Applicants should also be aware that inaction may lead to abandonment of their COS or AOS applications. No decision after I-485 AOS interview? further case review? Like this thread 0 0. , it is not considered a non-immigrant status. Home // What Happens After Someone Fails Their Interview at the Consulate? When it comes to failing an interview at the consulate most commonly it is based on a spouse or fiancé petition. Denied I-485 Due to History of Shoplifting Hi everyone. The NBC will then schedule an interview slot at the local USCIS Field Office. However, if after being paroled in an alien changes employers, he or she may no longer have valid L-1A nonimmigrant status, even though he or she can still lawfully stay in the U. We prepared our client and his wife for the interview and attended the interview with them. i did not renew my h4. The Department of Homeland Security recently issued a memorandum to provide field offices with guidance on processing Form I-485, Application to Register Permanent Residence or Adjust Status, when the beneficiary of an approved Form I-140, Petition for Immigrant Worker, is eligible to change employers under § 106(c) of the American Competitiveness in the Twenty-First Century Act of 2000. My attorney did do a MTR but was denied again. Thanks for writing. Dates below are in MM/DD/YYYY format. When the consulate officer denies the petition the officer will give the family member a document listing the reason for the denial. If I-140 and I-485 are filed concurrently, will the USCIS process them simultaneously? Yes, now a concurrently filed I-140 and I-485 petition will be adjudicated simultaneously. However, if your I-140 is denied, I-485 will also be rejected. i did not renew my h4. Citizenship & Immigration Services (USCIS). My TN Visa has already expired. The decision to waive the interview should be made on a case-by-case basis. Everything went well and on January 6th my interview was scheduled for Feb 9th 2017 immediately after I got the notice I had to go back to Ind. citizen in 2005 had child in 2007. I applied for adjustment of status in June 22, 2007, while I had a valid TN1 Visa. If the alien's I-485 application is denied, he or she will no longer be allowed to lawfully stay in the U. Prepare for the Interview. N continued to live in the United States and pursue his American dream. This is not always fast and simple, however, and the long-term cost may exceed the initial savings of attending theI-485 Initial Interview without an attorney. Supplement J does not apply if the I-140 petition is being filed concurrently with the I-485. I'm not sure which of the two options I have to choose while scheduling an interview : if I-485 is denied? Is it true?. If he entered illegally and remained in the U. What happens After I-485 interview ? If your I-485 is denied, you will receive a Notice to Appear before an Immigration Judge. You will be an applicant for permanent residence and have authorization to be in the US, pending the Service's decision. the I-140 will be approved because if the I-140 is denied, the I-485 will be automatically. Prepare for the Interview. After the Initial Interview, it may be possible to fix an inappropriate denial by filing a motion to reopen (MTR). If the spouse or child is in the U. In April of 2019, our client was tired of waiting and engaged the firm to file a mandamus in federal court to compel USCIS to make a decision on our client's I-485 green card application. Get your personalized plan & timeline, complete your immigration forms with the right evidence to avoid any delays. Q: My concurrent I-140/I-485 application was denied after RFE response. Remember, not all I-485 applicants will be required to appear for an interview. However, many people are confused by the fact that the card, in the records of USCIS has been terminated, but is not taken away from them. If you successfully submitted the paperwork, had the interview, and are approved then you will have a valid conditional 2-year green card. I am ukrainian citizen who came to the usa(NY) on the fiancee visa K-1 to russian man, things did not work out between us so we decided not to get married. Clearly if your I-485 was denied due to the lack of an approved I-130, and you have that proof then all you'd have to do is send in that paper. You must show that you have a legally valid marriage. In it, the officer will separate you from your spouse and ask each of you several questions about your relationship. The priority date is capped but here is an additional provision. Diversity Visa Program - Entry. During a recent stakeholder call with USCIS, Associate Director of Field Operations Directorate, Dan Renaud, discussed the new interview requirement for employment-based adjustment of status applicants. However, many people are confused by the fact that the card, in the records of USCIS has been terminated, but is not taken away from them. The latest version of the Form I-485 was updated in June 2017. Will definitely wait for the letter to arrive. Our application was approved on September 6th 2008. WHAT HAPPENS AT THE GREEN CARD INTERVIEW AND HOW TO PREPARE It is always a good idea to consult with and have a qualified immigration attorney represent you before you ever file the green card petition and applications. Skip to main content. They had an AOS interview in Jacksonville, Florida, after they filed I-130 and I-485 applications for Jill to be allowed to live in the United States, which she had been doing illegally since her student visa expired a year earlier. will reopen the I-485 determination on its own. After filing the adjustment of status packet, you’ll wait about 30 days for fingerprinting and another three months for an interview with USCIS. I can’t imagine how my life would be today (4 months after filing I-485) if it is not for Capitol Immigration. we filed all paperwork and they said they sent us letters asking for additional information which we never got the first one. Immigration Information Center: Visa, Green Card and Citizenship. , it is not considered a non-immigrant status. You must attend the interview for the green card with the spouse that originally petitioned for you. If your I-485 has been approved. You could, but you should be aware it can take months to be granted an immigrant visa based on a Permanent Residency application, in which case you would be stuck outside the U. In April of 2019, our client was tired of waiting and engaged the firm to file a mandamus in federal court to compel USCIS to make a decision on our client's I-485 green card application. I-485 Application. case will be denied or approved soon, although after long delays in. Having represented numerous clients in these cases and also having accompanied clients in these interviews in cities such as: Baltimore; Chicago. Also, no supplement J is required if the I-485 is being filed based on a National Interest Waiver (NIW) I-140, or if the I-140 is under the employment-based, first preference (EB1) extraordinary ability category. While proper filing of the I-485 does grant permission to remain in the U. If You Are Selected. This too was on EB3 category. I 485 Denied Immihelp. Can my N-400 citizenship application be denied for lying at the interview? By of Lee & Garasia, LLC posted in Citizenship and Naturalization on Monday, September 15, 2014. on December 21, 2000, then he could pay a $1000 penalty and adjust status to U. If that is the case, he can apply in advance for the I601A provisional waiver or he can apply for a standard waiver in Juarez after being denied a visa. After the interview, it may be possible to fix an inappropriate denial by filing a motion to reopen. If you fail to show up for your appointment, you may have to endure a lengthy process to get another interview. Secondly, the I-485 is not just denied without an interview so I am not sure that it was really denied; it may just be a mistake. Once the I-485, Adjustment of Status to Permanent Resident application has been filed and is ready to adjudicate, it will be sent to the National Benefits Center (NBC). I am a USC and married to a foreign national and we filed I-130 and then I-485 at the beginning of this year and all went well with that process. Employment-based I-485 cases are often adjudicated without interviews. After we got married my husband (USC) filed for a form I-130 and I filed for. Even if you fit an eligibility category, a ground of inadmissibility can cause a green card application denial. What should we suspect after the interview? At the end of the interview, the officer should tell you whether your case was approved, denied, or if the officer needs more evidence to make a decision. , without leaving for an overseas consular interview. They sent in all the paperwork, went to fingerprints, etc etc etc. The Marriage Based Green Card Interview - A Quick Guide 6 months after the first interview and at the end of the second interview the case will either be denied. First, 245(k) provision makes I-485 applicants still eligible for I-485 approval, if since last admission to the U. 485 denied as my spouse withdrawal petition at interview saying its not a bonafide marriage. Adjustment of Status Green Card Interview : What to do when denial is issued? USCIS Marriage Interview (I-485 adjustment of status & I-751 removal of NOTICE TO APPEAR in IMMIGRATION COURT. This can include a citizen's spouse, parents and unmarried children under 21 years of age. And our case was pending up till 2016. were scheduled for an interview, it went relatively well - we were not. k1/k2 adjustment of status(aos) i-485, advance parole (ap) form i-131 and ead (employment authorization) Before you start this process, make your sure you got married first :) as K1, we have 90 days to get married. i did not renew my h4. To do this, your fiance will have to apply for "adjustment of status. I applied for adjustment of status in June 22, 2007, while I had a valid TN1 Visa. While proper filing of the I-485 does grant permission to remain in the U. However, the K1 visa is a nonimmigrant visa, meaning it will not allow your fiance to remain in the US permanently. Form I-485 is used by nonimmigrant visa holders requesting to stay permanently in the U. Following the interview the I-485 and I-601 applications were both approved and our client received his green card. Get your personalized plan & timeline, complete your immigration forms with the right evidence to avoid any delays. I got I-485 denied due to lack of visa screen during the 30 day window of RFE in 2008. When the consulate officer denies the petition the officer will give the family member a document listing the reason for the denial. I was married with my ex and have 1 child. Adjustment of Status. however, my first i-485 was denied one year after its filing (unable to provide visascreen certificate). Called for interview after dropbox h1b. Even though there is no time limit to make a. She is married to me now and am a US citizen and she is 7 months pregnant. You'll also get the opportunity for a new adjustment of status interview where you can plead your case. So I am thinking, if the 90 day unemployment counts, I was actually out of status when filing for I-485, so will my I-485 get denied because of this?. You’ll also get the opportunity for a new adjustment of status interview where you can plead your case. They will then compare your answers for any discrepancies. However, many people are confused by the fact that the card, in the records of USCIS has been terminated, but is not taken away from them. I-485 denied , what could be the reason? Something must have been communicated to you during the interview to give an indication that not all was well with your. Proper preparation can make all the difference in being approved or denied for a Green Card. The interview usually takes place from 3 months after your application is filed. I highly recommend Capitol Immigration Law Group. Our application was approved on September 6th 2008. USCIS will forward your case to a local office under such conditions. I am pretty sure that one can have two I-485 applications pending. Everything went well and on January 6th my interview was scheduled for Feb 9th 2017 immediately after I got the notice I had to go back to Ind. and similar questions like that. Click to learn more about filing your Form I-485. If your I-485 petition is sponsored by an employer, for instance, some EB-1 green cards, EB-2, or EB-3, you have the option to change employers six months after the adjustment of status has been filed. Go to your Application Support Center appointment. After reading what the reasons were, it's very clear tha. Step by Step Instructions on Completing Form I-485 while appearing for the interview, you need to complete this part. You will need to pay all fees over again as well. Usually after the denial of the I-485, after the interview, unless there are other immigration violations or criminal issues. Form I-130, Petition for Alien Relative is a form submitted to the United States Citizenship and Immigration Services (or, in the rare case of Direct Consular Filing, to a US consulate or embassy abroad) by a United States citizen or Lawful Permanent Resident petitioning for an immediate or close relative (who is not currently a United States citizen or lawful permanent resident) intending to. I did have an approved EAD until I got an RFE. A definitive response from the FBI regarding fingerprint clearances is required before the I-485 application can be approved or transferred to the local office for interview. USCIS will forward your case to a local office under such conditions. I got I-485 denied due to lack of visa screen during the 30 day window of RFE in 2008. If your I-485 has been approved. Toward the end of the American Civil War and into the Boer and Russo-Japanese Wars, the proximate. They sent in all the paperwork, went to fingerprints, etc etc etc. If he entered illegally and remained in the U. The I485 application was filed in March this year, and on 7/25/2014, which was last week, we went to our interview. Preserving Green Card Status While Residing Abroad. There are several reasons for a green card application (for lawful permanent residence) to be denied by the U. Citizenship and Immigration Services (USCIS) or the U. Hi my name is joe, I applied for green card in 2014 with my wife who is a US citizen who I met here while studying and we were asked to provide request for evidence after the interview. I-90 Application Processing: Approved & Denied Applications. USCIS-CDJ recommends that you leave at least two days between the consular interview and Infopass appointment so that the fingerprint check can be completed. k1/k2 adjustment of status(aos) i-485, advance parole (ap) form i-131 and ead (employment authorization) Before you start this process, make your sure you got married first :) as K1, we have 90 days to get married. The I-130 got approved. However, the K1 visa is a nonimmigrant visa, meaning it will not allow your fiance to remain in the US permanently. When Miguel went to the adjustment of status interview, he was questioned by the adjudications officer. During a recent stakeholder call with USCIS, Associate Director of Field Operations Directorate, Dan Renaud, discussed the new interview requirement for employment-based adjustment of status applicants. Proper preparation can make all the difference in being approved or denied for a Green Card. This may be your best course of action if the problems which caused your marriage-based green card application to be denied can be cleared up before refiling. The I-485 remains denied during the time that the petition is being appealed. Applications are denied if you are no longer eligible for permanent residence. CITIZENSHIP (NATURALIZATION) DENIED; AND YOU THOUGHT IT WAS AS SIMPLE AS FILLING OUT A FORM: Either of two things just happened! One, you just completed your Citizenship or Naturalization interview and the immigration officer told you on the spot that your application is denied or two, you just received a denial letter in the mail. If your I-485 petition is sponsored by an employer, for instance, some EB-1 green cards, EB-2, or EB-3, you have the option to change employers six months after the adjustment of status has been filed. Can i be given a green card if i re-marry? My wife removed her petition for me for I-485 and i got a denial letter. seperated, they asked about how we meet, if we had ever spent any day. I also want to Thank [Attorney] Aleksandra Michailov and [her team] for all their help. After reading what the reasons were, it's very clear tha. Since I-130 is not approved and current visa number is not available, denial was right. Why was my I-485 denied: Answer: If your I-130 was approved but I-485 was denied, the USCIS officer probably determined that you were inadmissible for purposes of adjustment of status or did not meet all requirements for adjustment of status. , he will not be able to obtain a visa for a period of ten years. After we got married my husband (USC) filed for a form I-130 and I filed for. Once of my friends worried his I-485 would be denied because he got involved in a DUI incident. While USCIS’ existing I-601 hardship waiver process allows such individuals to obtain a waiver in order to return to the United States, immediate relatives cannot file a waiver application until after they have appeared for a visa interview abroad and their visa application has been denied. By Ari Sauer, immigration lawyer with the Memphis, Tennessee office of the Siskind Susser immigration law firm. But if your case is complicated such as involving prior arrests, you may be asked to go through an interview before your I-485 can be approved. The EAD issuance is largely a routine administrative matter, based on a proper filing and the existence of a pending I-485 application. I-485 denied , what could be the reason? Something must have been communicated to you during the interview to give an indication that not all was well with your. What happens After I-485 interview ? If your I-485 is denied, you will receive a Notice to Appear before an Immigration Judge. I applied for adjustment of status in June 22, 2007, while I had a valid TN1 Visa. Need someones opinion in my case. That determination may be. After filing the adjustment of status packet, you’ll wait about 30 days for fingerprinting and another three months for an interview with USCIS. Click to learn more about filing your Form I-485. I-485 denied [ 5 Answers ] A friend of mine who came here on B1 visa won a DV loto visa 2008 ,he first applied for adjustment of status when his I-94 was valid and went for an interview everything went well the only problem that time was his background check was not ready ,however USCIS has sent him a letter 2 months later. What happens if my spouse fails to appear for my green card marriage interview? For marriage-based adjustment of status cases, the petitioning spouse and the immigrant husband or wife are required to appear together for the interview. If the I-485 is denied while you are traveling, the companion Advanced Parole may also be denied, and you will be unable to return to the United States. Despite these independent bases for work and travel authorization, it is recommended that AOS applicants maintain their underlying nonimmigrant status at least until the I-140 is approved. I-485 Adjustment of Status. during the I-485 pending period. Adjustment of Status. , after lawfully entering the U. THE DON'Ts. I-485 applications can be filed as soon as the I-526 petition is accepted since there is currently no backlog in the EB-5 visa program. First of all, I don't understand why you filed the I-130 and I-485 separately, since it sounds like you could have filed these together as spouse of US citizen. I did not know about the 90 days unemployment rules until today. After the I-485 applications are filed, the case will be transferred to the National Benefits Center (NBC), which will review the file for pre-processing.