Published: July 14, 2026
Are you on a temporary visa seeking to transition to permanent resident status in the US? You can secure a green card or lawful permanent residency (LPR) through the adjustment of status (AOS) process.
Getting your AOS application denied can leave you feeling frustrated. But that alone does not mean your immigration case is over. Whether the denial is due to legal, factual, or procedural grounds, several options may be available to protect your status. Ultimately, the most appropriate course of action depends on the specific facts of your case.
Understanding How Adjustment of Status Works
Adjusting your status allows you to secure a US green card or apply for LPR status without returning to your country of origin. Instead of attending an interview at a US consulate abroad, you can complete visa processing with the US Citizenship and Immigration Services (USCIS).
That involves submitting the Application to Register Permanent Residence or Adjust Status
The AOS procedure also includes a US-based medical exam, fingerprinting, and an interview at a USCIS office. Satisfying the eligibility requirements established under immigration law is one of the most crucial aspects of the AOS process. It can vary depending on the specific visa category you’re pursuing. Below are the steps typically involved when adjusting your status.
- Figure out whether you qualify for a specific immigrant category.
- Complete and file an immigrant petition.
- Check whether your visa type is currently available.
- Submit your adjustment of status application to USCIS in accordance with all applicable requirements.
- Appear for your interview when it’s scheduled.
- Show up for your scheduled appointment at the Application Support Center (ASC) on the date and time provided.
- Promptly respond to any request from USCIS for additional evidence.
- Monitor the progress of your case online or by contacting the USCIS Contact Center.
- Wait for the official decision notice from USCIS.
New USCIS Policy on AOS Application
It’s worth noting that rules around adjusting your status have recently changed. A new policy issued by USCIS on May 21, 2026, limits the circumstances and grounds under which you can adjust your status.
Because of the new extraordinary discretion rule, the AOS process is no longer straightforward, even if you meet the eligibility requirements. Unless you apply for certain categories where AOS is non-discretionary, you must provide strong reasons why you should still be allowed to adjust your status and obtain a green card in the US.
How To Protect Your Status After a Denied AOS Application
Although you may still be eligible to adjust your status while in the US, approval is more heavily scrutinized under the new discretionary rule. USCIS will evaluate the totality of the circumstances more closely. They can deny your AOS case even if you satisfy every eligibility requirement.
It can be disheartening to receive a denial decision. Generally, you cannot appeal a denied AOS application. However, you may still be able to ask USCIS to review its decision and protect your status through one of the steps below.
- Carefully read the denial notice before taking any action, as it may help determine whether you can correct the issue or apply another immigration strategy.
- Check whether you’re still in a valid nonimmigrant status that allows you to stay in the US and explore other green card pathways without immediate risk.
- Depending on the circumstances, consider seeking a motion to reconsider, particularly if you believe USCIS made an error in denying your AOS application. In this case, you’re not allowed to present new information in your application,
- Request that USCIS reopen your case so you can submit additional facts and evidence to establish eligibility and challenge the unfavorable decision.
- If USCIS places you in removal proceedings, try to renew the AOS application before the immigration judge.
Know Your Immigration Options With a Los Angeles Green Card Lawyer
A denied AOS application can be overwhelming, especially when you’re unsure what it means for your ability to stay in the US. Prompt action after an AOS denial is often necessary, as deadlines and immigration consequences may arise within a short timeframe. Any delay or oversight could affect your chances of staying in the US or getting a green card later.
Notably, every immigration case is different. Consulting a Los Angeles green card lawyer at the earliest opportunity may improve the likelihood of protecting your status and moving forward with confidence. At ALG Lawyers, we help clients review the denial notice, identify the underlying legal issue, and evaluate possible immigration options. Contact our legal team to start a one-on-one consultation about your case.
FAQs on Denied AOS Application? Here’s What You Can Do To Protect Your Status
Can you work before your adjustment of status is approved?
Generally, you can work before your adjustment of status is approved if you have valid work authorization. In particular, USCIS issues the Employment Authorization Document (EAD) to allow certain foreign nationals to work legally in the US. You may also continue working for a specific period if you have another lawful status that authorizes employment.
Is travel allowed while your AOS application is pending?
Leaving the US without advance parole or a qualifying exception may cause USCIS to treat your AOS application as abandoned. This holds true even for short travel or urgent situations. However, it should be noted that certain categories may be eligible for exceptions
If your AOS application is denied as abandoned, you may have to start over or switch to consular processing, which can add further delays and increase the risk of denial. Therefore, it’s best to avoid traveling outside the US while your AOS application is under review unless you have secured proper travel authorization.
Does a denied AOS application lead to removal proceedings?
Whether you’ll face removal proceedings depends on your individual circumstances. If USCIS denies your AOS application and you don’t have another valid status, they may issue a Notice to Appear (NTA). It’s the official document that initiates removal proceedings and may require you to appear at the Master Calendar hearing in immigration court.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)