Steps to Take if Your Green Card Application Gets Denied
Applying for your permanent residency (“Green Card”) can be a harrowing experience. In addition to requiring knowledge of the process, it requires time, money, and effort. If you receive a denial notice, it can be heartbreaking and frustrating, especially if you feel as though you did everything correctly. If this has happened to you, keep reading to learn the steps to take if your green card application has been denied.
First, it’s important to note that rejection and denial are very different when it comes to green card applications. The USCIS (U.S. Citizenship and Immigration Services) green card review is a two-step process. In the first step, USCIS reviews your application to see if all the required information is present and consistent, you have the correct supporting documentation, and you have paid the fee. If your application fails any of these checks, your application will be rejected. If your application passes the first step, you will move to the second step of the process. In the second step, an officer will decide if your case merits a green card. If the officer decides your case does not merit a green card, your application will be denied.
Consult With An Immigration Attorney
An immigration attorney can help you identify the cause of your denied application and determine what is the appropriate next step to take. It is best to meet with an attorney before submitting a new application.
Read Your Notice Carefully
If you receive a notice of denial from USCIS, read the notice very carefully. In the notice, USCIS will inform you if you are able to file an appeal and how.
In the majority of denial cases, the filer is not eligible to appeal the decision. If you are allowed an appeal, you can ask the Administrative Appeals Office (AAO) of USCIS to review your case. In the review, the AAO will see if USCIS wrongly denied your green card application. To file this appeal, you will have to pay a fee and file your appeal by the specified deadline.
If you are not allowed to file an appeal, you can file a motion to have your case reopened or reconsidered. This motion is different from an appeal in that you are asking USCIS to review their own decision, not the AAO. If you feel as though the USCIS officer wrongly denied your application, your situation has changed or new facts are involved, filing this motion may be the best route.
In rare circumstances, you may need to file a lawsuit in federal court to challenge the denial of your green card application.
If you do not have any other legal right to remain in the United States when your application is denied, you may be placed into removal proceedings in immigration court. In immigration court, you will have an opportunity to renew your green card application before an immigration judge.
No matter what, do not send multiple, inconsistent applications. Each filing you submit to USCIS is permanently retained in your Alien File. By submitting inconsistent applications, you place yourself at risk of being found inadmissible.
If you recently received a denial notice of your green card application, or if you are in the process of applying for a green card, having an immigration attorney on your side can be extremely beneficial. Our attorneys at Bair Wilson Sharma are here to help. Schedule your consultation today!
Sources:
https://www.lauraimmigration.com/what-happens-if-your-green-card-application-is-denied/
https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter15-11.html