If your I-485 adjustment of status application is denied, DHS may issue and file an NTA, a decision, whose sole office is your deportation from United States. While it routinely approves most I-485 applications, especially where as in your case, the beneficiary is a US citizen relative, CIS is nonetheless with authority and can, where an adverse decision is warranted may deny an I-485 application. Noting that adjustment is a discretionary relief, your ability to challenge an AOS denial is limited. Although, you can renew your AOS application in a deportation proceeding, the outcome is never certain, especially where DHS' denial is supported by the facts on the record. For reasons best known to you, an adverse decision on a case yet to be filed is already being anticipated, I am therefore going to advise you to hire an experienced immigration attorney to whom you must freely and honestly and openly express your reasons (s) and concerns why you feel this case will be denied. If you fail to do so, you may have to deal with the consequences for years to come.
Answered on Jan 30th, 2013 at 7:48 AM