My Adjustment of Status Was Denied – Appeal or Reapply?

Next question is from Aubrey Ross Hudson. I was denied for my AOS. What is the best thing to do? Can you help me regarding this matter? Regarding appeal or reapply? My K1 visa process was with RapidVisa and did the best and the fastest.

As far as filing for an appeal, that’s probably not something that RapidVisa’s gonna be able to assist you with. You would want to look at the denial letter. A lot of times it will say at the bottom of that letter that you can not appeal this decision. So if you want to, we could take a look at the denial letter. If we did your K1, you could probably send it to us and we could review that for you. In most cases, it’s probably best to just reapply, depending and the reason why you were denied, providing that that’s not preventing you from reapplying. But in most cases, read the denial letter. Usually, they’ll come out and say that you cannot appeal that decision on an adjustment of status.

Yeah, and you know, it’s going to be important for you to correct whatever defect was that caused it to be denied. For example … you didn’t say the reason … so, for example, if the finances weren’t high enough, well reapplying or appealing’s not gonna help you. You gotta get the finance … you gotta get the income up. And so whatever the problem was, whatever the reason for denial was, you’re gonna have to address that, whether you appeal or reapply. You’re just gonna be wasting time and money to reapply if the facts are exactly the same. So you gotta solve that.

Now, if it’s a simple matter of you missed the appointment, you didn’t go … They had an interview or biometrics and you didn’t go to it, then yeah, in some fringe case like that, maybe you can just reapply or appeal. But, if you’re gonna appeal, like Rick says, it’s not something we’re gonna be able to help you with. You’re gonna need to get an attorney to craft a legal argument would be our advice if you’re going to appeal.

With an appeal, you basically have to prove that the government made a mistake, and sometimes that’s a real uphill battle.

Right. I’m sure it happens. We would be remiss to think the government is perfect, but it doesn’t happen often. Usually if they denied you, they’re pretty confident in their reasons, and so, again, you need to fix whatever was defective about your petition. You need to make sure you’ve got that fixed before you spend another six months and another $1225 application fee and all that. You don’t want to go down that path again and end up in the same place.

 



Disclaimer: The information herein is not intended as legal advice and is provided for general information only.Questions involving interpretation of specific U.S. laws should be addressed to an attorney and/or government officials.

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