If I-485 is Denied, What Happens Next?

[sasaqlain 24]

Hope For the Best, Work For The Worst.

I am curious to know what happens if at the interview, your I-485 is denied. What follows next? Since, There is no right to appeal once adjusting from B-1/B-2 etc visas, what does denial mean?

Do they give You a timeframe to leave?

A right to file a motion to reconsider?

Slap you with a re-entry ban immediately?

Arrest & detain you for deportation?

Senior and experienced members, would you throw some light on my query keeping my application in mind.

Thank You.

[NArocks 13]

your interview is the 21st of July why are you thinking of a denial? PMA ( positive mental attitude ) works wonders or did I miss something?

My husband adjusted from a B1/B2 visa and he had overstayed this by 6 years or so at the time of our interview

[sasaqlain 24]

your interview is the 21st of July why are you thinking of a denial? PMA ( positive mental attitude ) works wonders or did I miss something?

My husband adjusted from a B1/B2 visa and he had overstayed this by 6 years or so at the time of our interview

I am thinking positive. So positive that I didn't even consider hiring a lawyer. You are right. PMA does indeed work wonders and I thank you for your encouraging reply, but at times the thought does cross my mind. Not that I have anything to fear or hide, its just that innocent cases have been thrown into the garbage un-intentonally too. I won't blame USCIS. Maybe I didn't prepare my case properly to convince the officer. But you are absolutely RIGHT! Thank You for boosting my confidence

Edited June 26, 2009 by saspak

[meauxna 15]

Hope For the Best, Work For The Worst.

I am curious to know what happens if at the interview, your I-485 is denied. What follows next? Since, There is no right to appeal once adjusting from B-1/B-2 etc visas, what does denial mean?

Do they give You a timeframe to leave?

A right to file a motion to reconsider?

Slap you with a re-entry ban immediately?

Arrest & detain you for deportation?

Senior and experienced members, would you throw some light on my query keeping my application in mind.

Thank You.

I think you might be confused.. it's adjustment from the VWP that does not allow appeal.

Any of the above is possible, depending on the reason for the denial.

You can always pack a toothbrush in your pocket.

[trillium13 84]

Poor you. I know your feeling, I've been there! I think I probably mentioned before that my other half adjusted from VWP, and he had overstayed for a matter of years. Yeah, I had visions of them dragging him away from me at the interview.

But, like us, you have excellent evidence, and are very well prepared. I can't speak to your case directly, but I do know that many people adjust from tourist visa/VWP successfully. The few tragic cases you hear are rare, but well publicized, so you hear about those, and the successes, not so much.

At our interview, VWP/overstay never came up. It does get really nerve racking the closer you get to interview, I know! Just try to keep smiling.

[john & jean 37]

Hope For the Best, Work For The Worst.

I am curious to know what happens if at the interview, your I-485 is denied. What follows next? Since, There is no right to appeal once adjusting from B-1/B-2 etc visas, what does denial mean?

Do they give You a timeframe to leave?

A right to file a motion to reconsider?

Slap you with a re-entry ban immediately?

Arrest & detain you for deportation?

Senior and experienced members, would you throw some light on my query keeping my application in mind.

Thank You.

I think you might be confused.. it's adjustment from the VWP that does not allow appeal.

Any of the above is possible, depending on the reason for the denial.

You can always pack a toothbrush in your pocket.

IT'S OK FOR SOME PEOPLE TO RESPOND LIKE THIS?

NOT OK FOR OTHERS??????????

the toothbrush comment was way out of line, but I guess it is ok if you are the one that made it!

LOOKS LIKE NOOB BASHING TO SOME....

[sasaqlain 24]

Hope For the Best, Work For The Worst.

I am curious to know what happens if at the interview, your I-485 is denied. What follows next? Since, There is no right to appeal once adjusting from B-1/B-2 etc visas, what does denial mean?

Do they give You a timeframe to leave?

A right to file a motion to reconsider?

Slap you with a re-entry ban immediately?

Arrest & detain you for deportation?

Senior and experienced members, would you throw some light on my query keeping my application in mind.

Thank You.

I think you might be confused.. it's adjustment from the VWP that does not allow appeal.

Any of the above is possible, depending on the reason for the denial.

You can always pack a toothbrush in your pocket.

So, Are you saying, If denied, I would have a right to appeal. I thought B-1/B-2 adjusters fell in the same category as VWP while adjusting status!

[sasaqlain 24]

john & jean: Its OK. I actually enjoyed meauxna's humour. I am sure he didn't mean it that way

trillium13: You are right. Since you have been through it, you know what i must be going through. anxiety is getting to me Thank you for being there for me.

[soniew910 0]

If 485 is denied, it means you will never get a chance to "adjust status" in america. It's that simple. So treat your wife nice, and don't F8ck things up, man.

[sasaqlain 24]

If 485 is denied, it means you will never get a chance to "adjust status" in america. It's that simple. So treat your wife nice, and don't F8ck things up, man.

In My case its the other way round. My wife is being extra nice to me, so that I dont go back to my extravangant lifestyle in my own home country. Anyways, not an answer I am looking for.

[meauxna 15]

So, Are you saying, If denied, I would have a right to appeal. I thought B-1/B-2 adjusters fell in the same category as VWP while adjusting status!

Yes, it's the VWP entrants that have no option to appeal. Entering with a visa (or even being paroled in) offers you more legal protection.

Hopefully that is good news that you will never need to test.

If 485 is denied, it means you will never get a chance to "adjust status" in america. It's that simple. So treat your wife nice, and don't F8ck things up, man.

That is not true.

[Bobby+Umit 161]

Still worrying Saspak?

A lawyer would make a lot of money off you

[sasaqlain 24]

Still worrying Saspak?

A lawyer would make a lot of money off you

Bobby_Umit! Can you blame me. You are so right. A lawyer would definitely have a blast with a worrysome soul like mine.

So, Are you saying, If denied, I would have a right to appeal. I thought B-1/B-2 adjusters fell in the same category as VWP while adjusting status!

Yes, it's the VWP entrants that have no option to appeal. Entering with a visa (or even being paroled in) offers you more legal protection.

Hopefully that is good news that you will never need to test.

If 485 is denied, it means you will never get a chance to "adjust status" in america. It's that simple. So treat your wife nice, and don't F8ck things up, man.

That is not true.

That surely is great news. I could just hug you right now:) Thanks for the useful info !!!