How to Appeal a Denied Adjustment of Status Application in NJ
Adjustment of Status is a process through which an individual who is already present in the United States can apply for permanent residency. However, sometimes an Adjustment of Status application can be denied, which can be devastating for the applicant. If you have had your Adjustment of Status application denied in New Jersey, there are steps you can take to appeal the decision. In this blog post, we will walk you through the process of appealing a denied Adjustment of Status application in New Jersey.
Understand why your Adjustment of Status application was denied.
Before you can appeal a denied Adjustment of Status application, it is important to understand why it was denied. USCIS will typically provide a written explanation for why your application was denied. Common reasons for denial include missing or incomplete documentation, ineligibility for the category of adjustment of status you applied for, or failure to meet certain eligibility requirements such as maintaining lawful status. Understanding why your application was denied can help you determine the best course of action for your appeal.
Determine if you are eligible for an appeal.
Not all Adjustment of Status denials is eligible for appeal. For example, if you were denied for a reason that cannot be appealed, such as criminal inadmissibility, you may need to explore other options. However, if your denial was based on a discretionary decision made by USCIS, such as a determination that you do not meet the “good moral character” requirement, you may be eligible to appeal. Check with an immigration attorney or USCIS to determine if your specific denial is eligible for appeal.
File a Notice of Appeal.
If you are eligible for an appeal, you will need to file a Notice of Appeal with USCIS. The notice must be filed within 30 days of the date of the decision letter you received from USCIS. The notice should include a brief explanation of why you believe the decision to deny your application was incorrect and should include any supporting documentation that you believe is relevant.
Wait for the USCIS to respond.
After you file your Notice of Appeal, USCIS will acknowledge receipt of the notice and provide information about the next steps in the appeal process. It is important to keep in mind that the appeal process can be lengthy and complex. You may need to provide additional documentation or attend an in-person hearing, depending on the specifics of your case.
Consider hiring an immigration attorney.
The process of appealing a denied Adjustment of Status application can be complex and intimidating. Consider hiring an experienced immigration attorney who can guide you through the process and ensure that you are taking the appropriate steps to appeal your denial. An attorney can help you determine the best course of action, represent you during any hearings or interviews, and advocate on your behalf to help you achieve a successful outcome.
Prepare for your hearing or interview.
If your appeal requires an in-person hearing or interview, it is important to prepare thoroughly. This may involve gathering additional documentation or evidence to support your case, practicing your responses to potential questions, and reviewing the specifics of your case with your attorney. Being well-prepared can help you feel more confident and increase the likelihood of a successful outcome.
Follow up with USCIS.
After your hearing or interview, USCIS will provide you with a decision in writing. If your appeal is successful, your Adjustment of Status application will be approved, and you will be on your way to obtaining permanent residency in the United States. If your appeal is denied, you may have further options to pursue, such as a motion to reopen or reconsider. Your attorney can advise you on the best course of action based on the specifics of your case. The Scheer Immigration Law Group is a team of experienced immigration attorneys who can help individuals appeal a denied Adjustment of Status application in New Jersey. Our attorneys have in-depth knowledge of the complex and constantly changing immigration laws, regulations, and procedures, and can provide personalized guidance and support throughout the appeals process.
We can help you understand why your application was denied, determine if you are eligible for an appeal, and prepare and file the necessary documents for the appeal. We can also represent you at any hearings or interviews, and advocate on your behalf to help you achieve a successful outcome.
Our attorneys have a proven track record of success in immigration cases, and we are committed to providing compassionate and effective legal representation to each and every one of our clients. We understand how stressful and overwhelming the immigration process can be, and we are here to help you navigate the process with confidence and peace of mind.
If you have had your Adjustment of Status application denied in New Jersey, contact The Scheer Immigration Law Group today to schedule a consultation. We will review the specifics of your case, answer your questions, and provide you with the information and guidance you need to move forward with your appeal.