An employment-based green card denial doesn’t always mean the case was weak. In today’s employment-based immigration environment, even approvable cases can fail because of technical adjudicative errors involving visa availability, priority-date retention, filing eligibility, and interfiling requests tied to pending adjustment-of-status applications. U.S. Citizenship and Immigration Services (USCIS) give applicants a written notice explaining why they rejected their green card application. If USCIS doesn’t give a state reason, the rejection was probably due to a technical issue.
Important Details
One increasingly common problem involves confusion between the Visa Bulletin’s “Dates for Filing” and “Final Action Dates” charts. Applicants might properly file adjustment applications based on the government’s published filing guidance. However, they’ll face denials after USCIS applies the wrong visa bulletin chart, misunderstands the applicable filing framework, or incorrectly determines no immigrant visa’s available at the time of filing.
The situation becomes even more complicated in interfiling cases. This is when applicants request that a pending Form I-485 be associated with a different underlying immigrant petition after filing, often from EB-2 to EB-3 or vice versa. USCIS doesn’t provide a formal filing process or issue receipt notices confirming acceptance of these requests. Therefore, applicants are frequently left without clear confirmation regarding whether the interfiling request was received, accepted, properly matched to the adjustment application. Additionally, applicants don’t receive confirmation on which immigrant visa category USCIS is ultimately using to adjudicate the case.
These issues are highly technical, and a single adjudicative misunderstanding can improperly derail an otherwise approvable application.
ILBSG Response
In a recent case, USCIS denied an employment-based Form I-485 after concluding that no immigrant visa was available at the time of filing. Our legal team conducted a detailed analysis of the governing Visa Bulletin framework, the retained priority date, the EB-3 downgrade strategy, and the procedural history surrounding the adjustment filing and interfiling process. We then prepared and filed a targeted Motion to Reconsider. Six days later, USCIS reopened the case.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.