I just received a call from a sweet couple who innocently and unwittingly applied for the husband’s adjustment of status. He was denied and will be placed in deportation proceedings because he’s not eligible for adjustment of status. I am posting this example but over the years, I’ve received dozens of these calls.
The USCIS website is deceivingly simple to use. It appears that you fill out a bunch of forms and presto you get a green card. Practically speaking, it doesn’t work that way. First, you need to figure out if the foreign national is eligible to fill out these forms.
In the example above, USCIS sent a Request for Evidence and told them to fill out an I-485 Supplement A. Even though he wasn’t 245(i) protected, they filled out the form, paid the $1,000.00 and didn’t attach any evidence.
If an attorney had been consulted, they would have found out that his only route was consular processing and the filing fees of $2,760.00 that they lost through his adjustment of status would have gone a long ways to a green card the right way.
It pays to consult an attorney before filing any paperwork for immigration benefits.
