USCIS Begins Sending Invites to Certain Applicants to Resubmit I-485 Applications That Were Previously Rejected

On March 31, 2021, the American Immigration Lawyers’ Association (AILA) released a practice alert noting that some Adjustment of Status applicants whose initial applications had been rejected had received invitations from USCIS to resubmit their applications based on meeting the following criteria:

• The applicant is seeking adjustment of status in the EB-1, EB-2, or EB-3 immigrant categories;

• The applicant’s adjustment application arrived at a USCIS lockbox between October 1 and December 31, 2020 on a date when an immigrant visa was immediately available to the applicant based on the then-current Visa Bulletin and USCIS policy;

• USCIS rejected the application solely based on a lack of response, or multiple responses, to Part 2, Item Numbers 9.a., 9.c. or 10 on the adjustment application; and

• An immigrant visa is no longer immediately available due to changes in the Visa Bulletin and USCIS policy. 

AILA advises adjustment of status applicants who meet the above criteria to be aware that they may receive an invitation to resubmit their application.