Do not panic if U.S. Citizenship and Immigration Services (USCIS) sends you the following response to your submission of Form I-485: “We have rejected your benefit request.” As experienced immigration attorneys, we understand that after your stressful immigration journey, finally submitting your application for an Adjustment of Status for a green card must’ve been a momentous event for you.
As you signed the application on your Form I-485, your green card may have seemed forthcoming. So, we understand it can be terrifying to get the notification in response to Form I-485: “We Have Rejected Your Benefit Request.” Please understand that this notification does not mean that USCIS has denied your application.
A Rejection of Benefits Notification is Not a Denial of Immigration Benefits
The notice for Form I-485, “We Have Rejected Your Benefit Request” is not a denial. You are not losing your chance to become a lawful permanent resident. USCIS didn’t deny you your green card that you’ve been dreaming about. They simply rejected your filing instead of accepting it for further processing.
If you get the notice from USCIS for Form I-485 of “We Have Rejected Your Benefit Request,” USCIS will return your documents and filing fees. Keep all documents and put the filing fees back into your savings account so that the funds are available for when you refile the form.
Reasons USCIS May Notify You About Form I-485, “We Have Rejected Your Benefit Request”
There are several reasons that USCIS may send a notification for Form I-485, “We Have Rejected Your Benefit Request,” including:
- The USCIS Form I-485 that you submitted was not the most up to date edition of the application.
- Pages of the form are missing.
- The filing fee submitted with Form I-485 was incorrect either because of improper calculations or fee updates.
- The form was not signed and dated.
- The form was not filed at the correct filing location.
- An official at USCIS made a filing error.
- Form I-485 was filed earlier than the cutoff date stated on the visa bulletin.
- You paid for the filing fee with a debit card and your bank flagged the transaction as fraud trying to protect you.
In early 2023, USCIS was found to be rejecting forms in error. Form I-485 with the edition date of 7/15/22 was effective through 12/23/22 (the date it was replaced with a new edition), but applicants were seeing their forms rejected even when they were submitted before the effective date of the replacement form. This was a headache for many applicants, but it was simply an error on the part of USCIS.
In truth, there are nearly countless reasons why USCIS might reject your Adjustment of Status application. We’ve only named some of the more common reasons for rejection.
What to Do If You Get the USCIS Notification About Form I-485: “We Have Rejected Your Benefit Request”
Most of the time the solution to the notification of a rejected Form I-485 is refiling the application. If you get the notification that your Form I-485 has been rejected, it would be in your best interest if you took the rejection notification and all the documents to an experienced immigration attorney like those at Warren Law Firm and let your lawyer prepare your application and all the supportive documents for refiling.
What to Do If You Are Out of Status When Get the USCIS Notification About Form I-485: “We Have Rejected Your Benefit Request”
If you get the notification that your Form I-485 has been rejected, and your immigration status is now expired but you were in status when you initially filed the application, you must discuss your case with an experienced immigration attorney immediately.
If your green card application is a family-based immigrant visa though marriage to a U.S. citizen, you are at less risk, but you should still contact your immigration attorney at once.
Unfortunately, if you’re out of status and your application was based on a different type of eligibility, your case may be more complicated if your status has now expired. Your attorney may suggest that you leave the country and reapply for your green card using Consular Processing.
If your green card was based on an employment-based immigrant visa, your immigration attorney may find a way to get your unauthorized presence forgiven under Section 245(k).
Frequently Asked Questions About a Form I-485 Rejection Notice
If I received Form I-485, “We have rejected your benefit request,” can I reuse the barcoded pages, or do they need new barcodes?
Your attorney will determine whether to reuse the barcoded pages. Usually, the forms can be resubmitted without having to reprint them.
Your attorney will check to make sure that all forms submitted to accompany Form I-485 and the application editions are up to date. If anything is no longer up to date, your immigration attorney will update them.
What if USCIS returned my documents but some of the evidence wasn’t returned.
When USCIS returns your packet, if evidence is missing, your attorney will make new copies to resubmit with your I-485 application.
If my Form I-485 was rejected due to a payment processing error, can I use the same card while I resubmit it?
If the rejection was caused by a payment processing error, it may be best to use a different payment method when you resubmit your Form I-485. Typically, a credit card is less likely to be an issue than a debit card.
When you pay with your card, you can try to notify your bank in advance about the transaction that you intend to make so that they don’t flag the next transaction too.
Alternatively, you can take the funds that were returned to you by USCIS when the agency rejected your application, go to your bank, and get a cashier’s check made out for the filing fee.
If I received Form I-485, “We have rejected your benefit request,” and USCIS returns my application packet, can I reuse my medical exam?
When you resubmit your application and the supportive documents, you will need to also resubmit your medical examination records. Keep in mind, USCIS must receive the medical examination records in a sealed envelope.
If the envelope has been opened, it’s possible that if you return to the same physician who completed the exam, they may be willing to reseal the document for you, but if it’s been a long time since your exam, you may need a new exam.
Your attorney will explain whether you should get a new medical exam now or wait until you get a notice for your interview.
Do You Need an Immigration Attorney Due to a Form I-485 Rejection?
If you received a notification that USCIS has rejected your Form I-485 for an Adjustment of Status, don’t panic. Consult an experienced immigration attorney as soon as possible. If you’d like to speak with a skilled immigration attorney at Warren law Firm in California, contact us to request a consultation.