Adjustment of Status (AoS) applicants should be aware that certain actions taken while their application is pending might result in the USCIS believe that they have abandoned their applications. If you abandon your an application, you can still apply for a visa at a US consulate abroad or apply for change of status again if your original status has not expired. For AoS applications, once the application is abandoned for any reason, the foreign national’s application will be denied. Important reasons to keep in mind:
Traveling out of the US
You should know that during Adjustment of Status (AoS) process, you will be considered to have abandoned your application if you leave the US. It is advised that you remain in the US while your Adjustment of Status application is pending.
Failure to Respond
You should also be aware that inaction may also lead to abandonment of your AoS application. For AoS applications, there is a list of situations where the inaction of the applicant leads to USCIS’ denial of AoS.
Failure to Appear for a Fingerprint/Biometrics Appointment
You, the AoS applicant should either appear for fingerprinting or submit fingerprints within 120 days from the date of your scheduled fingerprint appointment. If you fail to appear for the scheduled fingerprint or do not submit fingerprints within the allotted time and you did not request that you be rescheduled for a fingerprint appointment, your AoS application will be denied for abandonment. If your failure to appear for the scheduled fingerprint is due to a change of address, the AoS application will be denied for abandonment if you have not informed the USCIS of your change of address through Form AR-11.
Not Responding to a Request for Evidence
If you do not respond within the days specified by the USCIS, your application is considered abandoned and will be denied.
Not Paying the Fee for Fingerprinting
When you do not submit the fingerprint fee, your application will be considered abandoned and will be denied.
Failure to Appear for a Scheduled Interview
If you do not appear for a scheduled interview and USCIS does not receive a request from you for rescheduling by the date of interview, your application will be considered abandoned. Similarly, if you did not file notification of a change of address and you did not appear for the interview because of change of address, your application will be considered abandoned and will be denied.