Common Adjustment of Status Mistakes
Every year, I sit across from tearful clients who made simple but costly did some adjustment of status mistakes in applications. These aren’t just paperwork errors—they’re life-altering missteps that can separate families and destroy dreams that were years in the making.
I’m Matthew Peterson, an immigration attorney in Boston, and I’ve seen firsthand how the path to a green card can be derailed by avoidable mistakes. Let me walk you through the five most common errors that could cost you everything.
What Is Adjustment of Status?
Before diving in, let’s clarify what’s at stake. Adjustment of status (Form I-485) is the process that allows you to obtain a green card while staying in the United States. It’s the difference between building your life here uninterrupted versus potentially leaving the country for months or even years during processing.
Mistake #1: Missing or Incomplete I-864 Affidavit of Support
The I-864 isn’t just another form—it’s a legally binding contract where someone (usually a family member) promises the government they’ll financially support you. Without this crucial document and its supporting evidence:
Your application can be rejected outright
USCIS might keep your filing fees (thousands of dollars)
You’ll face significant delays reapplying
Many applicants don’t realize that sponsors need to provide tax returns, employment verification, and meet specific income requirements. One missing document can send you back to square one.
Mistake #2: Insufficient Marriage Evidence
For marriage-based green cards, USCIS officers are trained to spot fraudulent relationships. If you don’t provide compelling evidence that your marriage is genuine, you’re starting your immigration journey under a cloud of suspicion.
Strong evidence includes:
- Joint financial accounts and responsibilities
- Shared lease or mortgage documents
- Photos together over time (not just your wedding day)
- Communication history before and during your relationship
- Affidavits from friends and family who know you as a couple
Weak evidence now often leads to difficult interviews and potential denials later.
Mistake #3: Incorrect Filing Fees
USCIS seems to intentionally complicate fee structures, and they change frequently. In 2023-2024 alone, we’ve seen multiple fee adjustments that confused even experienced practitioners. The consequences of incorrect payment are severe:
- Immediate rejection and return of your application
- Lost processing time (often 3-6 months)
- Potential changes in circumstances that could affect eligibility
What makes this particularly challenging is that different forms have different fees, and some can be bundled while others cannot. The exact amount depends on your age, status, and which forms you’re filing together.
Mistake #4: Missing Required Evidence
USCIS instructions often span dozens of pages with document requirements buried in dense text. Miss just one required item, and you’ll face:
Requests for Evidence (RFEs) that delay your case by months
Potential denial if you can’t provide the missing document in time
Extra costs to overnight materials or expedite processing
Common missing documents include birth certificates with certified translations, prior immigration documents, or medical examinations (Form I-693) prepared by approved civil surgeons.
Mistake #5: Applying When You Don't Qualify
Perhaps the most devastating mistake is applying when you’re fundamentally ineligible. The rules around eligibility are complex and filled with exceptions and special provisions.
For example:
If you entered without inspection, you generally can’t adjust status (with some exceptions like 245(i) provisions)
Certain criminal convictions can make you inadmissible
Previous immigration violations may trigger bars to reentry
Unlawful presence can create 3-year, 10-year, or permanent bars
The consequences here go beyond simple rejection—you could face removal proceedings and permanent bars to returning to the United States.
The Value of Professional Immigration Help
When the stakes include your family’s future and your ability to build a life in America, professional guidance isn’t a luxury—it’s a necessity. An experienced immigration attorney can:
- Identify potential issues before filing
- Ensure all forms are correctly completed
- Gather and organize proper supporting evidence
- Calculate exact filing fees
- Prepare you for interviews and respond to government inquiries
- Apply for work authorization and travel documents while you wait
At the Law Office of Matthew Peterson, we help people navigate the complex immigration system not just in Boston, but nationwide. Many clients come to us after attempting DIY applications, and almost all wish they had sought help from the beginning.
Taking the First Step
Not everyone needs full legal representation for their immigration journey. That’s why we offer consultations to assess your situation and determine whether your case requires attorney assistance.
Remember, immigration isn’t just paperwork—it’s the foundation of your future in the United States. While filing fees and attorney costs may seem expensive, they pale in comparison to the cost of mistakes: years of separation, lost opportunities, and sometimes permanent consequences.
Your American dream is worth protecting. Reach out today to ensure your adjustment of status application puts you on the path to success, not heartbreak.
