I-485 Denial Appeal in Ontario: How to Challenge Your Green Card Denial
Understanding your options when adjustment of status is denied and how to respond effectively
Quick Answer
Receiving an I-485 denial is devastating, but Ontario families have options to challenge the decision. SoCal Immigration Services helps Inland Empire residents understand why their green card application was denied and determine the best path forward, whether through appeal, motion to reopen, or refiling.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
Receiving an I-485 denial is devastating, but Ontario families have options to challenge the decision. SoCal Immigration Services helps Inland Empire residents understand why their green card application was denied and determine the best path forward, whether through appeal, motion to reopen, or refiling.
Understanding I-485 Denial
What Denial Means:
• Your green card application has been rejected
• You do not receive permanent residence
• Underlying petition may still be valid
• You may face consequences depending on your status
Common Denial Reasons:
• Ineligibility for adjustment category
• Inadmissibility grounds (criminal, health, security)
• Failure to respond to Request for Evidence (RFE)
• Abandonment for missing interview or biometrics
• Fraud or misrepresentation findings
• Public charge determination
• Unlawful presence bars
• Failure to maintain status
Understanding the exact reason is critical for determining your next steps.
Options After I-485 Denial
| Option | Timeline | When to Use |
|---|---|---|
| Motion to Reopen | 30 days from denial | New facts or evidence available |
| Motion to Reconsider | 30 days from denial | USCIS misapplied law or policy |
| File New I-485 | No deadline (if eligible) | Easier than appealing, status permits |
| Appeal to AAO | 30 days from denial | When clear legal error |
| Federal Court | Varies | After exhausting administrative remedies |
| Consular Processing | N/A | If adjustment no longer possible |
Motion to Reopen (I-290B)
Requirements:
• File within 30 days of denial decision
• Submit Form I-290B with filing fee
• Provide new facts not previously available
• Submit evidence supporting new facts
• Explain why evidence wasn't submitted earlier
Good Candidates for Motion to Reopen:
• New evidence becomes available after denial
• Evidence was lost in mail or transit
• Medical condition prevented timely response
• Document authentication now available
• Witness statements now obtainable
Processing:
• Same office that denied case reviews motion
• Processing time: 3-6 months typically
• No interview usually required
• If granted, case reopened and adjudicated
Motion to Reconsider (I-290B)
Requirements:
• File within 30 days of denial decision
• Submit Form I-290B with filing fee
• Identify specific legal or policy error
• Explain how proper application changes outcome
• Reference applicable regulations, statutes, or precedents
Good Candidates for Motion to Reconsider:
• USCIS misinterpreted a regulation
• USCIS didn't consider submitted evidence
• USCIS applied wrong legal standard
• Decision contradicts established policy
• Similar cases are routinely approved
Key Differences from Motion to Reopen:
• Based on existing record, not new evidence
• Arguments must be legal, not factual
• Challenges USCIS's analysis, not facts
Filing a New I-485 Application
When to Consider Refiling:
• You're still in valid status
• Denial was for missing documents you now have
• You have a new underlying petition
• Circumstances have changed favorably
• Faster than waiting for appeal
Requirements for Refiling:
• Must be eligible for adjustment category
• Must have approved or pending underlying petition
• Must be in lawful status (unless exempt)
• Pay new filing fees
• Complete new forms and evidence
Advantages of Refiling:
• Fresh start with complete application
• Can address weaknesses from prior case
• Often faster than appeals
• Biometrics and interviews rescheduled
Appeal to Administrative Appeals Office (AAO)
Limited Appeal Rights:
• Most I-485 denials have no AAO appeal right
• Some employment-based denials may appeal
• Appeal right stated on denial notice
• If no appeal right, motion is only option
AAO Appeal Process:
• File Form I-290B within 30 days
• Initial review by field office (33 days)
• Field office may adopt favorable decision
• If not, forwarded to AAO in Washington
• AAO processing: 6-18 months
AAO Decision Options:
• Affirm (uphold denial)
• Remand (send back for new decision)
• Reverse (overturn denial)
• Dismiss (procedural issues)
Consequences of I-485 Denial
Immediate Consequences:
• No green card issued
• EAD and Advance Parole become invalid
• May need to return to prior status or leave U.S.
• Underlying petition remains valid (usually)
Status Considerations:
• If you're in status (H-1B, L-1, etc.): Can maintain that status
• If status expired: May need to depart or face unlawful presence
• If deportation proceedings started: Case referred to court
Long-Term Impacts:
• Denial goes in immigration record
• Must disclose in future applications
• Doesn't automatically bar future filing
• Reason for denial may create future issues
Common I-485 Denial Reasons and Solutions
- •Failure to appear for interview: Motion to reopen with evidence of good cause (medical, emergency)
- •Failure to respond to RFE: Motion to reopen showing why response was late or evidence that response was sent
- •Criminal inadmissibility: May need waiver application (I-601) before refiling
- •Public charge: File new application with stronger financial evidence or joint sponsor
- •Unlawful presence: May need I-601A provisional waiver before consular processing
- •Fraud/misrepresentation: Very serious - consult immigration attorney immediately
- •Marriage fraud: Provide additional bona fide marriage evidence in motion or new filing
- •Status violation: May need to address through consular processing instead
30-Day Deadline is Critical
Key Timeline Information:
• Deadline: 30 calendar days from date of denial decision
• Mailing time: Add 3 days if notice sent by mail
• No extensions available
• Late filings will be rejected
Calculating Your Deadline:
• Check the date on the denial notice
• Add 30 days (plus 3 for mailing)
• File well before deadline to ensure timely receipt
• Use USCIS online filing if available for faster submission
If You Miss the Deadline:
• Motion/appeal will be rejected
• May need to pursue other options
• Filing new I-485 may still be possible
• Consular processing may be alternative
Preparing a Strong Motion or Appeal
Key Components:
• Clear statement of which motion type (reopen vs. reconsider)
• Specific identification of errors or new evidence
• Organized supporting documentation
• Legal arguments with citations
• Explanation of why relief is warranted
Common Mistakes to Avoid:
• Filing wrong form or motion type
• Missing the 30-day deadline
• Failing to include required fee
• Not addressing specific denial reasons
• Submitting same evidence without explanation
• Making new arguments without evidence
Ontario I-485 Denial Help
- •Analysis of I-485 denial notice and reasons
- •Determination of best response strategy
- •Motion to Reopen preparation with new evidence
- •Motion to Reconsider with legal arguments
- •New I-485 application preparation if appropriate
- •Response to Requests for Evidence (RFE)
- •Waiver applications if needed
- •Case strategy for complex situations
- •Arabic language support throughout process
FAQFrequently Asked Questions
Q:How long do I have to respond to an I-485 denial?
A: You have 30 calendar days from the date of the denial decision to file a motion to reopen or reconsider (Form I-290B). If the notice was mailed, you may add 3 additional days. This deadline is strict and cannot be extended.
Q:What's the difference between motion to reopen and motion to reconsider?
A: A motion to reopen is based on new facts or evidence not previously available. A motion to reconsider is based on USCIS making a legal or policy error in the original decision. You can file both together if applicable.
Q:Can I file a new I-485 instead of appealing?
A: Yes, in many cases filing a new I-485 is faster and more effective than appealing, especially if you have new evidence or can address the issues that caused the denial. However, you must still be eligible for adjustment and have a valid underlying petition.
Q:What happens to my work permit if my I-485 is denied?
A: Your Employment Authorization Document (EAD) based on the pending I-485 becomes invalid when the I-485 is denied. If you have work authorization through another status (like H-1B), that remains valid. Otherwise, you may not be authorized to work.
Q:Will I be deported if my I-485 is denied?
A: Not automatically. If you're in valid status (like H-1B or F-1), you can maintain that status. If your status has expired or you have no other valid status, USCIS may refer your case to immigration court, or you may accrue unlawful presence. Your specific situation determines the consequences.
Q:How much does it cost to file a motion or appeal?
A: The Form I-290B currently costs $785. If you're refiling a new I-485 instead, you'll pay the full I-485 filing fees again. Fee waivers may be available in some circumstances based on financial hardship.
Q:My I-485 was denied because I missed my interview. What can I do?
A: File a motion to reopen (Form I-290B) within 30 days explaining why you missed the interview. Valid reasons include medical emergencies, not receiving the notice, or other good cause. Include evidence supporting your explanation.
Q:Can I travel if my I-485 is denied?
A: Your Advance Parole becomes invalid when your I-485 is denied. If you travel outside the U.S. without valid status or travel documents, you may not be able to return. Do not travel internationally until you understand your immigration status.
I-485 Denied? We Can Help You Fight Back
Don't give up on your green card. Our Ontario team analyzes denial reasons and develops effective response strategies. Contact us within 30 days to protect your options.
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