Getting your green card denied can be heartbreaking, especially if you’ve been hoping to register permanent residence in the United States. However, this denial isn’t the end of everything. You have the chance and options to appeal or challenge this decision.
Understanding why your application was denied, the steps to appeal, and the important legal processes can help guarantee a successful result. Your reapplication might get you the green card you need.
Key Takeaways:
> A green card denial isn’t a hindrance to your American dream. You can still appeal the decision with new evidence and more substantial arguments.
> Your green card application could get denied because of a small error in the application or a missing paper.
> You have a few options for appealing your denied green card, and you can do it faster with the help of an immigration lawyer.
TABLE OF CONTENTS
1. Understanding the Reasons for Denial
2. Options for Challenging a Denied Green Card Application
>Motion to Reopen
>Motion to Reconsider
>Appealing to the Administrative Appeals Office (AAO)
>Judicial Review
3. Timelines and Waiting Periods
4. Preventing Green Card Denials
5. Work with an Experienced Immigration Attorney
6. Conclusion
Understanding the Reasons for Denial
Before thinking about appealing your denied application, learn why it was denied in the first place. The U.S. Citizenship and Immigration Services usually provides a detailed application when they send the denial notice. Common reasons include:
・Lacking Documentation: These are incomplete or missing documents, such as birth certificates and financial records.
・Ineligibility: You don’t meet the eligibility requirements for the specific green card category you applied for.
・Criminal Record: Your pending criminal record can make you ineligible for a green card.
・Errors or Misinterpretations: Providing wrong information or omitting important details, intentionally or unintentionally, can result in green card denial.
・Public Charge: Other applicants likely to rely on government assistance can be denied.
・Paying the Incorrect Filing Fee: Check the current USCIS filing fees. Paying an insufficient amount can deny your application.
Understand why USCIS denied your application to build a solid strategy when appealing the decision.
Options for Challenging a Denied Green Card Application
Begin exploring your options for challenging the decision. This could include:
>Motion to Reopen
This is recommended when new evidence is available that wasn’t anywhere to be found in the original application. So, if you were denied due to missing documents and got ahold of the new ones, file a motion to reopen the case. It asks the USCIS to review the application now that there’s new evidence.
>Motion to Reconsider
This is filed when you believe you got denied based on a legal error. Misapplication of immigration law or policy can be involved. When filing this motion, it should include a detailed explanation of the legal errors and why the USCIS should reconsider it.
You need to use Form I-290B, or the Notice of Appeal or Motion, and pay the required filing fee when filing a motion to reopen or reconsider. File it within 30 days of receiving the denial notice.
>Appealing to the Administrative Appeals Office (AAO)
One of your options if the denial can’t be resolved through a motion to reopen or reconsider is filing an appeal to the AAO. They will review the case and judge based on facts and the law. Immigration appeals to the AAO are more formal and have strong legal arguments.
File an appeal to the AAO within 30 days of the denial. If you received the denial notice by mail, file it within 33 days. Consider the following steps when filing an appeal:
・Review the Denial Notice: Identify the reasons for the denial and any errors in the application.
・Gather Evidence: Collect additional evidence supporting your case, such as affidavits and expert testimony.
・Legal Argument: You should address the reasons for denial and explain why the decision should be changed.
>Judicial Review
This is a complex process that the federal court will handle when all of your options are exhausted. The process is almost the same as your other options. You need to file a petition 30 days after the initial decision. The court reviews the existing records and evidence from the original proceedings to see if the law was applied correctly. You’ll submit your legal arguments to the court for review before you receive a decision.
Timelines and Waiting Periods
The waiting period may vary after filing a motion or appeal. It might take months for USCIS to review your application. AAO can also take months to over a year to review your case, depending on how complex your case is and the backlog of appeals they need to work on.
Preventing Green Card Denials
Appealing a denial is always possible, but it’s better to prevent getting denied. Minimize the risk of denial of green cards with these tips:
・Submit a Complete Application: Complete all sections of the form and submit all the required documents based on the visa you’re applying for.
・Double-Check Information: Review all information that you provided in the application. Check if it’s consistent with all forms and papers to avoid inconsistencies and errors.
・Stay Informed: Be updated with changes in immigration laws and policies that can affect your application. Keep track of your case’s status by checking it online using the receipt number you got when you filed the motion or appeal.
Work with an Experienced Immigration Attorney
Seeking the help of an immigration attorney in times of green card denial can give you these benefits:
・Explaining the Denial: They can explain the legal language of your denied green card in simpler terms.
・Considering Options: Your lawyer can advise you to submit a motion or reapply with additional evidence based on your situation. They will help you prepare a strong appeal that may increase your chances of approval.
・Advocacy and Representation: The lawyer can advocate for and represent you when they interact with USCIS officers. Their knowledge can present your case effectively.
・Avoid Future Mistakes: Your lawyer can ensure you don’t make the same mistakes in your future immigration petition. They can advise you on strengthening your case to get quick approval.
・Peace of Mind: You can be confident that your lawyer will handle your case to the best of their abilities, reducing the stress and anxiety that a green card denial has caused you.
Whether it’s a green card reapplication, a request to adjust status, or something to do with the immigration court, your lawyer can take on your case using their top-notch expertise and sharp knowledge.
Conclusion
Appealing a denied green card application is complex and challenging. However, the right approach can possibly overturn the initial decision. You should know why your application was turned down and the options for appeal that you can take.
Working with a Green Card lawyer today can help you navigate this process without any hitch. Being well-prepared when filing appeals can create a significant difference in your case.
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