Under the set of federal immigration laws known as the Immigration and Nationality Act, non-citizens can apply to adjust their status to that of a permanent resident of the United States under certain circumstances. For eligible non-citizens who are already in the United States, adjustment of status is a means of getting a green card, or attaining the status of a permanent resident of the United States, without having to first return to their home country for visa processing purposes. In order to qualify for adjustment of status, an individual must have been inspected and admitted or paroled into the country and meet all of the requirements for a green card in a particular category of eligibility. If you apply for adjustment of
status and immigration authoritiesdeny your application, you do have some options that are still available to you. The notice that you receive that denies your application for adjustment of status will provide you with information about your appeal rights, including whether you can appeal and with whom you should file an appeal. An appeal asks a higher authority to review the denial of your application for adjustment of status. If you can appeal, you must file a Notice of Appeal with either the USCIS Administrative Appeals Office or the Board of Immigration Appeals, depending on your situation, within 30 days of being served with the denial notice. You also may be eligible to file a motion to reopen or a motion to reconsider if USCIS denies your application for adjustment of status. With a few exceptions, you typically can file these motions even if you do not have any rights to appeal the denial of your application for adjustment of status. A motion to reopen asks the original decision-making body to review the denial of your application, based on new evidence or changed circumstances. Similarly, a motion to reconsider asks the body that originally denied your adjustment application to review your denial based on new or different legal arguments. Essentially, you argue in a motion to reconsider that the original decision was incorrect based on the evidence presented. If immigration authorities have charged you with removal and deny your application for adjustment of status, we are the California deportation defense lawyers whom you can turn to for help. No matter how lengthy, complex, or difficult your situation is, there are options available to you. The attorneys of Landerholm Immigration, A.P.C. have the experience and knowledge, to advocate on your behalf and represent your interests in your deportation proceedings.
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