Can USCIS deny I-485 even with an approved I-140?

When it comes to the adjustment of status process in the United States, especially in the context of the EB-3 visa, it is important to understand that each step of immigration follows specific criteria. Although approval of the I-140 is a crucial step that demonstrates the petitioner’s qualification based on their job offer, it does not automatically guarantee approval of the I-485 adjustment of status application.

Approval of the I-485 depends on a broader evaluation, where USCIS (United States Citizenship and Immigration Services) checks various requirements, such as eligibility based on legal presence, the absence of security, immigration, and criminal background issues, as well as meeting health requirements.

Even with an approved I-140, if there are issues related to any of these aspects or discrepancies are found during the process review, the I-485 can be denied. It is essential that the applicant keeps documentation up to date and strictly follows the guidelines provided by USCIS throughout the entire process.

Additionally, each case is unique and often the decision may depend on specific details of the applicant’s situation. Therefore, it is essential to be attentive to all legal requirements and avoid trusting information that promises guaranteed results or miraculous timelines.

Researching reliable sources and, if necessary, seeking guidance from specialized professionals-always through authorized and official channels-is an important step to prevent errors and complications. Remember: complying with U.S. immigration laws is indispensable for safely advancing through your process.

Being well-informed and making decisions based on real data helps avoid setbacks and potential complications on the path to adjustment of status.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.