Form I-485 Denial based upon Dowry Case in India

USCIS denied our client’s Form I-485, alleging that the applicant failed to demonstrate eligibility for adjustment of status because a final disposition regarding a criminal charge under India’s Dowry Laws was not provided. We responded by clarifying to Service the particular facts of this case, and noting that mere criminal accusations without a conviction are not grounds for permanent residence eligibility. In addition, we pointed out that the laws under which the applicant was charged in India, have been widely criticized by international authorities and that public policy considerations, along with other discretionary considerations pointing to the applicant’s moral character warrant reconsideration of the denial. Approximately 11 months after submitting our motion, our client received an interview notice. We accompanied the applicant to his interview, and he received his Green Card after about five months.