Immigration attorney Charles Kuck read out a denial that is becoming a pattern: a man married to a U.S. citizen had his I-130 petition approved, then had his I-485 adjustment denied. The grounds were an old visa overstay, years of unauthorized work before he got a permit, and a dismissed 2012 charge plus a 2010 reckless driving.
mic What the Attorney Says
“The marriage case was granted, but they denied his adjustment because one, he’d worked illegally for three years until he got his work permit. He had overstayed a visa from ‘08.”
Here is the part that matters legally. As the spouse of a citizen, this man is an immediate relative, and immediate relatives are excused from the unlawful-work and overstay bars in INA 245(c). Those facts did not make him ineligible. So the denial was not a mandatory bar. It was discretion. Adjustment under 245(a) is a favor the officer may grant or withhold, and USCIS is now choosing to withhold it.
mic What the Attorney Says
“Just understand immigration is looking to deny more cases because they want to put more people in deportation.”
Because it is discretion, the case is won or lost on how the record and the interview are handled. Kuck’s framing is that counsel has to make the equities outweigh the negatives: the hardship to the citizen spouse if the applicant is forced abroad to consular process for years.
mic What the Attorney Says
“That lawyer needs to be able to persuade the government adjudicator that these things don’t outweigh the hardship caused to the spouse if you make them go home and consular process for two years.”
If the denial has already landed, there are two moves. You can file a motion to reopen or reconsider with USCIS. And if the case is not reopened and the agency issues a Notice to Appear, the adjustment application does not die. It can be renewed before the immigration judge in removal proceedings, where the discretion standard is applied by a judge rather than the same USCIS office.
mic What the Attorney Says
“You can actually renew your application in front of an immigration judge.”
The practical lesson is to build the discretionary record before the interview, not after the denial. That means walking in with a lawyer, anticipating the questions, and treating your own history as evidence the officer will weigh in both directions. It is the same discipline behind preparing for the adjustment interview in 2026 and building a discretion record on paper first, and the same reason the evidence you submit can be used against you. If a denial comes with no NOID, the follow-on strategy can differ, as with the military spouse who refiled rather than appeal.
Sources
- 8 U.S.C. § 1255, Adjustment of status; immediate relative exceptions (INA 245), Cornell LII open_in_new
- 8 CFR 103.5, Reopening and reconsideration before USCIS, Cornell LII open_in_new
- 8 CFR 1245.2, Renewal of adjustment application in removal proceedings, Cornell LII open_in_new
- Charles Kuck, Kuck Baxter Immigration live Q&A (YouTube) open_in_new