denied adjustment of status, what's next ?

syl-nyc

New Member
what happens if your GC is denied after ins interview. lets say because u dont meet some of the technical requirements (affidavit of support).
do u have to leave, can u file again ? anyone ever been in that situation ?
 
syl-nyc said:
what happens if your GC is denied after ins interview. lets say because u dont meet some of the technical requirements (affidavit of support).
do u have to leave, can u file again ? anyone ever been in that situation ?

It depends on why it is denied. You can request reconsideration. You can refile with the correct material. You can leave the US. You can stay illegally. The service may put you into removal proceedings and then you would need to file an I-485 with the Immigration Judge.
 
(i'm ressurecting this)

OK.
So I finally got in touch with my mother's lawyer.
Whats weird: even tho she was not sent a denial letter of denial, when they requested her case from immigration, there was a notice of denial in her file! She has never received any paper work from USCIS or whoever of the sort.
The lawyer recommended she file I-212, then she'll be in the US for 10 years, but not til next July (she came to the US in July 1999).
I read about the I-212 waiver. Which would could she file? Would she have to come back to Jamaica?

Thanks.
 
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