Can my I-485 be denied even though I meet the eligibility requirements?
Yes. Adjustment of status is discretionary, which means meeting the statutory eligibility requirements does not by itself guarantee that USCIS will approve your I-485.
A May 2026 USCIS policy memorandum emphasized that officers should consider the totality of the circumstances when deciding whether an applicant warrants a favorable exercise of discretion. Factors may include:
- Immigration history
- Compliance with prior status
- Unauthorized employment
- Prior immigration violations
- Representations made to immigration authorities
The policy does not change the basic eligibility requirements for adjustment of status, but it signals greater attention to discretionary factors. Because its practical impact is still developing, applicants with potential negative factors should review them carefully with an immigration attorney.
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USCIS looks at the totality of your circumstances, so the goal is to document favorable factors and address any negative ones rather than relying on a single piece of evidence. Positive factors may include family and community ties, compliance with tax and immigration laws, and other evidence of positive contributions or good character. If your record includes potential negative factors, they should be identified early and supported with relevant explanations, mitigating evidence or evidence of rehabilitation where appropriate.
A green card holder spouse can serve as the sole sponsor, but current unemployment may create an RFE or denial risk if they cannot show sufficient qualifying income or other financial resources.
For Form I-864, USCIS looks at the sponsor’s current financial circumstances, not just how much income was earned earlier in the year. If the job that produced the year-to-date earnings has ended, those past wages generally do not establish continuing current income on their own.
The financial requirement may still be met through:
- Qualifying assets
- Eligible continuing income from a household member or the intending immigrant
- A joint sponsor
If the evidence submitted does not establish that the applicable I-864 requirement is met, USCIS may issue an RFE or ultimately deny the adjustment application.