Yes. Having the I-140 approved while the I-485 (adjustment of status) is denied is a situation with a way forward. In general, it is possible to respond to the denial, whether by filing a new adjustment application or by filing a motion to reopen or reconsider the decided case.
The first step is to read the USCIS denial notice carefully. It states the reason, which is often correctable, such as insufficient documentation, an admissibility issue, or information that needs to be clarified. Understanding the cause is what determines the best course of action.
Refiling without addressing what led to the denial tends to result in another rejection. A motion to reopen or reconsider, on the other hand, depends on the merits of the case and what the notice itself allows. Since the I-140 remains approved, it typically continues to serve as the basis for the classification.
- You can refile the I-485 or request a motion to reopen or reconsider.
- The denial notice identifies the reason and the possible path forward.
- Correcting the cause of the denial is what supports a new attempt.
Every case is unique and the details matter. It is worth reviewing the USCIS guidance and evaluating your strategy with a professional before refiling.
Learn more about EB-2 NIW
- Category
- EB-2 NIW Green Card
- Self-petition
- Allowed (no sponsor needed)
- PERM
- Waived
- Processing
- 12-36 months
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.