Reasons for Denial of an EB3 I-485 Adjustment of Status Application

Some reasons for Denial of an Eb3 I-485 Adjustment of Status Application

Through our immigration case consultation services, PN has had the opportunity to support and work with many immigration cases—especially difficult EB-3 cases, including those that were even denied. Based on my observation, EB-3 adjustment of status cases are commonly denied for the following reasons:

1. The I-140 is denied, which leads to the I-485 being denied as well. In some cases, even though the I-140 was approved, USCIS later revoked it.

2. Immigration status from the time the applicant first entered the United States until the filing of the adjustment of status application.

3. Use of intermediaries (third parties).

4. Providing untruthful or misleading information in order to obtain a green card (committing fraud). This is also one of the more common reasons. You should know that when attending a green card interview with USCIS, all of your previously filed applications and information submitted to the U.S. government are already on the officer’s desk. Any inconsistent or dishonest information may lead to a conclusion that you misrepresented facts to obtain a green card, resulting in denial.

5. Especially for cases adjusting status from B-2, USCIS will scrutinize the applicant’s intent. This means whether you had a preexisting plan to use a tourist visa to enter the U.S. with the intention of adjusting status. This is one of the reasons with the highest denial rates for I-485 applications. During the review process—and especially at the green card interview—over 90% of applicants will be questioned intensively about why they came to the U.S. as a tourist and did not return home but instead stayed to adjust status.

There are also other reasons, such as not working enough hours, not meeting the requirement of a full-time position, etc. However, most denials are due to the reasons listed above.

One thing I’ve noticed is that small factors or details during case preparation, or throughout the time spent in the U.S. while waiting (such as buying a house, opening bank accounts, transferring money, etc.), may unintentionally become risks or evidence used by USCIS to deny a case. On the other hand, small details and the way certain issues are handled can sometimes help turn the situation around, work in your favor, and create a difference—especially for employers sponsoring a large number of adjustment cases at the same time.

Therefore, strictly complying with guidance and proceeding cautiously step by step can help minimize essential risks.