In this post, we will discuss what to do after USCIS denies your i-485 adjustment of status, and recent trends with Department of Homeland Security immediately placing denied cases into removal proceedings in immigration courts.

Adjustment of Status Denied? Don’t Wait — DHS Is Moving Fast to Start Deportation Proceedings

In recent months, KVisaXpress seen a sharp rise in the number of people calling our office after receiving a denial on their Adjustment of Status (AOS) applications — and unfortunately, for many, that denial is quickly followed by a Notice to Appear (NTA) in Immigration Court.

If you filed on your own without an immigration attorney and your case was denied, you’re not alone — and you’re not out of options. But time is critical.

From Denial to Deportation: A Fast-Moving Trend

In Charleston, WV and surrounding areas like Morgantown, Snowshoe, and Lewisburg — and even across the river in Ashland and Pikeville, KY — we’re hearing the same painful story from new clients:

“We thought we could handle the paperwork ourselves. It looked straightforward. But USCIS denied my i-485 and now I received a Notice to Appear before a judge for deportation proceedings.”

This is not a fluke. The Department of Homeland Security has clearly shifted toward fast-tracking denied Adjustment of Status applicants into removal proceedings. If your Form I-485 is denied and you don’t have any other lawful immigration status, DHS can immediately initiate proceedings to remove you from the United States.

This is happening to real people in our communities — not just in big cities, but in Charleston, Morgantown, Snowshoe, Lewisburg, Ashland, and Pikeville. It is deeply concerning, and we urge anyone whose AOS has been denied to speak with an immigration attorney immediately.

---

Why Is My Adjustment of Status Being Denied?

A lot of people petition USCIS without an attorney, and a lot of i-485 pro se petitions end up being denied. Many people believe that reading the instructions means they can file I-485 packet without legal help. Most people think they filed their ESTA or visa application on their own, so they can file these forms on their own. This can be a very costly mistake because immigration law is full of technical requirements, discretionary factors, and hidden pitfalls.

Some common reasons for denial:

• Filing with incomplete documentation or missing forms
• Failing to file mandatory accompanying forms
• Mistakes in disclosing prior immigration history or criminal records
• Inadmissibility issues (like prior unlawful presence or health-related concerns)
• Misunderstanding eligibility requirements for AOS under family, humanitarian, or employment-based grounds
• Failure to have an eligible financial sponsor
• Failure to file a timely or legally sufficient i-601 waiver for immunizations.

These are not just simple paperwork mistakes — in the eyes of immigration authorities, these are fatal flaws and are grounds to deny relief and possibly remove you from the country.

---

What Happens After a Denial?

If your AOS is denied and you do not have another valid immigration status, DHS may:

• Issue a Notice to Appear (NTA), placing you in removal proceedings
• Require you to appear before an Immigration Judge
• Begin the process to deport you from the United States

This can be terrifying, especially for people who have U.S. citizen spouses or children, long-term ties in the community, and no criminal history.

But you may still have time.

If your case was denied and you haven’t yet received an NTA, you may be eligible to refile your application and fix the issues that caused the denial. This is a critical opportunity to stay out of court.

---

Don’t Face This Alone — Why You Need a Lawyer

Immigration law is not DIY. Filing your Adjustment of Status without a lawyer can be like doing surgery on yourself — a risky move that can have permanent consequences.

A skilled immigration attorney can:

• Determine if you’re truly eligible for AOS
• Spot red flags that could lead to denial
• Help you apply for waivers if you have inadmissibility issues
• Prepare you for interviews and provide representation
• Respond to Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs)
• Represent you in Immigration Court if you’ve been placed in removal proceedings

At KVisaXpress, we have over a decade of legal experience and have worked with families across West Virginia and eastern Kentucky. We know what USCIS looks for to grant an i-485, we know what judges in local immigration courts expect, and we know how to fight to keep families together.

---

Local Immigration Help When It Matters Most

We serve clients from:

• Charleston, WV
• Morgantown, WV
• Snowshoe, WV
• Lewisburg, WV
• Ashland, KY
• Pikeville, KY

We are West Virginia’s only immigration-only law firm, and we are proud to help people in underserved areas navigate the immigration system safely. We represent clients in cases in all 50 states and globally.

---

📞 Call an Immigration Attorney Immediately if Your AOS Was Denied

If your Adjustment of Status application was denied, don’t wait until you’re in court to ask for help. Removal proceedings can move fast — but with the right legal strategy, we can help you protect your rights and your future.

Call KVisaXpress today for a consultation. We’ll review your case, identify options, and help you understand your next steps.

---

You only get one chance to do this right. Let us stand between you and deportation.

📍 Based in West Virginia | Serving clients statewide and in Kentucky
📞 (800)650-9097
🌐 www.kvisaxpress.com