An I-485 rejection by USCIS means that USCIS has rejected your filing and returned the filing documents and filing fees back to you. Usually, this is because there was an error with the filing. Occasionally, USCIS makes mistakes and incorrectly rejects filings. This blog will cover common reasons USCIS rejects a filing.
Rejection versus Denial
It is important to note that a rejection is not a denial of your application. A USCIS rejection means the case was never accepted by USCIS, and you will need to file it again. If your I-485 was denied, we recommend reading our blog on common reasons for I-485 denials.
Common Reasons for USCIS Rejections:
- Incorrect Form Edition. USCIS Forms are updated periodically and forms expire. It is important to make sure you are using the most recent USCIS form edition. It is not unusual for form editions to expire, especially when you are waiting to file the form. We have met clients whose I-485 expired while they were waiting for the medical exam to be completed, or as they were putting the application together. This is an important reason why our office always recommends using an attorney. To know the most recent edition of your I-485 form, you should check the USCIS website for Form I-485, and click on “Edition.”
- Missing Pages. Sometimes forms are incomplete or missing pages. It is important to review your rejected filing and make sure that each of the pages are included on the most recent edition of the form.
- Incorrect Filing Fee. Fees can change with USCIS, so it is important to always check the most recent fee updates from USCIS. Fees also can be tricky to calculate, especially because multiple forms are being filed at the same. Each filed form has its own filing fee. Recently, USCIS made drastic changes to its filing fee policies, adding a lot of confusion. To double check the USCIS fees, use the USCIS fee calculator.
- Missing Signatures. It is important to have the proper person sign the USCIS form using black ink (although we’ve never seen a form rejected for using blue ink). It is also important to identify who the “petitioner” is and who the “applicant” is. The petitioner is usually the person who has lawful status in the US, such as the US citizen spouse, and this person usually also files the I-130. The “applicant” is the person who is seeking the green card. The applicant is the person who should fill out and sign the I-485.
- Wrong Filing Location. It is important to ensure that the I-485 is filed with the correct filing location. The filing location can very based on the way in which you wish to obtain your green card. For example, if your I-485 is based on a family based petition, you should use the addresses listed here. The USCIS filing address is based on the state in which you live.
- USCIS Error. As an immigration law firm, our office has helped countless individuals obtain immigration benefits. Throughout the years, we have learned that USCIS makes plenty of mistakes. USCIS is run by humans, and humans make mistakes. It is entirely possible that your application may have been incorrectly rejected.
Rejection After Ingestion
If you received a notice from USCIS that says “Rejection After Ingestion,” it means that USCIS should have never accepted your application, but did so by mistake. In these scenarios, USCIS will return the package to you and issue you a refund for the fees. It is important to discuss this scenario with an attorney, because many things could have changed while your application was pending with USCIS. You should also pay special attention regarding any employment authorization documents (EADs) or advance parole documents that may have been issued as a result of the rejected filing.
Priority Date is Not Current or Retrogression
An I-485 may be rejected if you filed your adjustment of status earlier than the cutoff date printed on the visa bulletin. It is important to note that USCIS alternates between the "Final Action Date" and "Dates for Filing" chart. Therefore, you should also cross-reference the USCIS adjustment of status chart. Also, sometimes, there is retrogression when you filed your adjustment of status. In that event, your I-485 will remain pending, but sometimes, USCIS errorneously rejects the filing or instead, administratively closes your I-485.
What to Do When Your I-485 Is Rejected
If your I-485 is rejected, you should take the rejection letter and discuss it with your attorney. In most scenarios, you should be able to fix the issue and refile with USCIS. In some scenarios, a rejected application by USCIS can be problematic.
Caution: Out of Status at the time of Rejection
If you filed your I-485 while you were in status (prior to your visa expiration), and now your status has expired, you should discuss your case with an immigration attorney. In cases where you are obtaining your green card through marriage to a US citizen, it generally is not an issue. However, if your spouse is a green card holder (lawful permanent resident) or you filed adjustment of status based on an employment-based or labor application, you should immediately discuss your options with an experienced immigration attorney.
If you are out of status and filed your adjustment of status based on an I-140 or employment-based petition, you should carefully discuss your options with your lawyer. One option is to depart the country and obtain your green card through a consulate or embassy (known as “consular processing”). Another option may be to depart and re-enter the country on a dual-intent visa, such as an H or L visa. Finally, your period of unauthorized presence may be forgiven by section 245(k) if it is 180 days or less. Regardless, it is important to discuss these options with an immigration attorney.
Conclusion
USCIS rejections are not denials of your application. In most scenarios, refiling the I-485 should cure the issue. However, in some scenarios where your visa status has expired, it may be problematic. In any scenario, you should discuss your case with an immigration attorney to determine the best path forward.