Let's gather the possible reasons for denying I485 application?

E

erto

Registered Users (C)
I am preparing the AOS (I485) application. Could someone provide the possible reasons which USCIS can use to deny AOS application? I know several of them listed below, please add what you know so that we can avoid the situation!!! Thanks in advance.

1. out of legal staus during staying at US
2. Crimial Issues (such as arrested)
3. miss the finger print or RFE or interview appointment.
4. lie or provide the fake application materials.
 
erto said:
I am preparing the AOS (I485) application. Could someone provide the possible reasons which USCIS can use to deny AOS application? I know several of them listed below, please add what you know so that we can avoid the situation!!! Thanks in advance.

1. out of legal staus during staying at US
2. Crimial Issues (such as arrested)
3. miss the finger print or RFE or interview appointment.
4. lie or provide the fake application materials.
Click to expand...

5. underlying I-140 is denied
6. out of country when I-485 is adjudicated(not sure on this one)
 
boxer said:
6. out of country when I-485 is adjudicated(not sure on this one)
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Only if without AP and no H1/H4
7. Visa was not available at the time of filing I-485. (I know USCIS should not accept documents in that case, still if they accept in error it could be reason for denial)
8. Applicant is out of country at the moment of filing
9. Applicant doesn't have valid non immigrant status at the moment of filing.
 
Visa is rejected before

Thanks for your reply!! My application for F2 visa was denied by US consulat in my country 7 years ago, they suspected that I have immigration intention. But they approved my F2 visa later on after I tried it again... is this going to affect my 1485 application?
 
so looks like the first time when they rejected your application, they were right in thinking that you had immigration intentions :)
 
10. You changed jobs and the new job wasn't similar enough to the one on the labor cert/I-140.
11. You changed jobs, the old employer revoked your I-140, and you didn't send the AC21 letter before the employer did the revocation.
12. The USCIS person deciding the case made a stupid mistake and gave a bogus reason for denial, like saying you missed your interview even though you were never called for an interview. Then you have to do a Motion To Reopen or appeal.
13. They look at your face and think you're a terrorist :eek: :p
 
what about the occupational title not consistent with the labor cert?
in my LC, it shows a Medical Technologist but in the EVL, it mentions my job title as " Medical Technologist II"? I have been with this title ever since but my lawyer was not consistent when he filled out LC and I-140.
what do you think?
 
voldemarv said:
Only if without AP and no H1/H4
Click to expand...

Or L-1/L-2/H-2/H-3.

9. Applicant doesn't have valid non immigrant status at the moment of filing.
Click to expand...

There are numerous I-485 scenarios that would permit the applicant to be out of status at the time of filing yet still have the adjustment approved. It's a valid reason in some cases, but not all.
 
Name swapped in New Passport

I have scenario like this,

I am planing to file I-485,in EB2.

My FirstName and Last name Swaped in my new passport, It was Indian embassy in SFO Issued .Last year i got this passport.

But i got the Observation paper from the Indian embassy.

I got my 7th year extension stamping in that passport, In visa also name changed like in the new passport, and I-94 also i did entered as name swaped.

My I-140 receipt , Birth certificate , Old Passport name was First name and last name was as usual. But there was no spelling error , but only the first name and last name swapped.

I-94 i can correct it using whtiner.

Do you guys think any issue when filing I-485.Please help me.

thanks
ashish
 
ashish, for your case I think the naming check might take double time, like 2 names there. Meanwhile, I suggest you need definitly consult an experienced lawyer for the issue. An explanation might be needed for the issue becuase the USCIS might think the provided birth certificate is not yours...Meanwhile, you need to make sure the final GC has your correct name there, right?
 
8. Applicant is out of country at the moment of filing

Hmmm....I provided all the documents to my lawyer to file for 485 but then had to leave the country for urgent personal reasons. How does the USCIS know that I left the country since my I-94 was also misplaced
 
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