I-485 Denial: What It Means And What You Can Do Next
By Alena Shautsova | New York Immigration Lawyer
Helping immigrants build a life in the United States—one case at a time.
Adjustment of Status (Form I-485) is the final step in many U.S. immigration journeys. Whether based on family, employment, asylum, or other categories, it allows immigrants already in the U.S. to apply for a green card without leaving the country. But what happens when your I-485 is denied?
As a seasoned I-485 lawyer and New York Immigration lawyer, I’ve handled numerous cases involving I-485 denials—some preventable, others due to complex immigration histories. In this guide, I’ll explain:
- The most common reasons for I-485 denial
- Why appealing an I-485 decision is not an option
- What you can do instead: motion to reopen or refile
- When refiling is not available due to INA 245(c) bars
- How the Best Immigration lawyer in the USA can help you chart a new path forward
What Is Form I-485?
Form I-485, Application to Register Permanent Residence or Adjust Status, is filed by individuals seeking to obtain lawful permanent resident status (a green card) while remaining in the U.S.
This form is often paired with:
- Form I-130 (Family-based petitions)
- Form I-140 (Employment-based petitions)
- Form I-589 (Asylum)
- Form I-360 (VAWA, Special Immigrant categories)
Top Reasons for I-485 Denial
1. Inadmissibility
Even if you have an approved immigrant petition (e.g., I-130 or I-140), you can be found inadmissible under U.S. law for reasons such as:
- Unlawful presence or unauthorized employment
- Immigration fraud or misrepresentation
- Certain criminal convictions
- Medical issues or lack of vaccinations
If you are inadmissible and did not apply for a waiver (e.g., I-601 or I-601A), your I-485 may be denied outright.
2. Failure to Maintain Lawful Status
For most categories, especially employment-based or family-based cases not involving immediate relatives, maintaining lawful status is crucial. Falling out of status for even one day without a legal excuse can lead to denial.
3. Missing Documents or Inconsistent Evidence
USCIS may issue a Request for Evidence (RFE). If you fail to respond adequately or timely, your case can be denied. Common omissions include:
- Medical examination (Form I-693)
- Marriage or divorce certificates
- Proof of bona fide relationship
4. INA 245(c) Bars
This section of the Immigration and Nationality Act bars certain individuals from adjusting status, including those who:
- Worked without authorization
- Failed to maintain lawful status (unless immediate relatives of U.S. citizens)
- Entered without inspection (EWI)
If any 245(c) bar applies to your case and you are not exempt, USCIS will deny your I-485.
5. USCIS Discretion
Even if you are eligible on paper, USCIS may deny your application based on discretion—especially in VAWA or humanitarian-based cases. Factors such as past criminal history or inconsistencies can negatively influence the outcome.
Can You Appeal an I-485 Denial?
No.
There is no formal appeal process for an I-485 denial (except for rare employment-based adjustment cases under special circumstances). But this doesn’t mean your case is over.
Your Options:
1. Motion to Reopen or Reconsider (Form I-290B)
You can file Form I-290B within 30 days of the denial. A motion to reopen presents new facts or evidence; a motion to reconsider argues that USCIS misapplied the law or made a legal error.
Pros:
- Keeps your original priority date
- May be quicker than refiling
Cons:
- Often denied unless very strong legal basis or compelling evidence
2. Refile a New I-485
In some cases, it may be more strategic to refile the I-485, especially if:
- You failed to include a required document
- The issue can be corrected easily
- Your underlying petition is still valid
But this option is not available if you are subject to INA 245(c) bars and don’t qualify for an exemption or waiver. Trying to refile without eligibility could lead to a new denial—or worse, removal proceedings.
Why 245(c) Bars Make Refiling Risky
If you are barred from adjusting under INA 245(c) due to unauthorized work or unlawful presence and are not an immediate relative of a U.S. citizen, refiling your I-485 won’t help. Your case will be denied again unless:
- You leave the U.S. and pursue consular processing (which may trigger a reentry bar)
- You apply for and receive a waiver of inadmissibility
- You qualify for a form of humanitarian relief, such as asylum or VAWA
Practical Tips from the Best Immigration Lawyer in the USA
As a lawyer who has successfully reversed and restructured numerous I-485 denial cases, here’s what I recommend:
- Get a copy of your entire USCIS file (FOIA): Understand exactly why your application was denied.
- Act quickly: You typically have 30 days to file a motion to reopen or reconsider.
- Don’t refile blindly: Refiling may only work if no 245(c) bar applies. Otherwise, you risk wasting time and money—or triggering enforcement action.
- Consider waiver options: If inadmissibility was the issue, a properly prepared I-601 waiver could save your case.
- Seek legal advice immediately: Immigration law is highly technical. An experienced I-485 lawyer can assess whether you should file a motion, refile, or explore other relief.
Let Me Help You Move Forward
If your I-485 was denied, don’t panic—but don’t delay either. With the right strategy, many applicants can still obtain their green card. I’ve helped clients across the country turn denials into approvals through motions, waivers, and creative legal solutions.
Call me today at 917-885-2261 or visit shautsova.com to schedule a consultation. Let me review your case and build a personalized plan to get your immigration journey back on track.