Q: What happens if my proposed endeavor for NIW fails? Will it affect I485?
For my NIW application, part of my evidence was a paper I was working on that was submitted for publishing in an academic journal. However, the paper did not get accepted. If my I140 petition is approved, will this be a problem for adjustment of status?
A: Not necessarily. I-140 is normally based on what you provided before it is approved. I-485 should not be a problem unless the I-140 is based on frivolous evidence.
A:
If your proposed endeavor for the National Interest Waiver (NIW) ultimately fails, it should not directly impact your pending I-485 adjustment of status application, assuming your I-140 petition has been approved. The I-485 application primarily focuses on your eligibility for lawful permanent residence based on an approved immigrant petition. The USCIS adjudicates these applications separately, and a failed NIW endeavor should not automatically result in the denial of your I-485.
However, it's essential to maintain the underlying eligibility criteria for the NIW throughout the green card application process. If the USCIS discovers any misrepresentation or fraud related to your NIW application, it could potentially impact your I-485. It's crucial to be transparent and honest throughout the immigration process and consult with an immigration attorney to address any concerns or complications that may arise.
While the failure of your academic paper's acceptance may not directly affect your I-485, it's crucial to continue demonstrating your commitment to your proposed endeavor in the NIW and meeting all other immigration requirements to ensure a successful adjustment of status application.
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