- 19-Apr-2025
- Healthcare and Medical Malpractice
If your Green Card application is denied, it’s important to understand your options for appealing or challenging the decision. While a denial can feel discouraging, there are legal processes in place that allow you to seek reconsideration or file an appeal with the appropriate authorities.
Review the Denial Notice: When USCIS denies a Green Card application, they will send a formal notice explaining the reasons for denial. Common reasons for denial include:
If there is new evidence or information that was not previously considered, you can file a motion to reopen your case. This could apply if you missed an important document or if new circumstances have arisen since your initial application.
If you believe the decision was made in error, you can file a motion to reconsider. This requires you to explain why the decision was incorrect based on the law or facts and provide legal arguments supporting your position.
Both motions must be filed within a specific timeframe—usually 30 days from the date of the decision. Be sure to carefully read the denial notice for deadlines.
If the denial was from USCIS, you may be able to appeal the decision to the Board of Immigration Appeals (BIA). The BIA reviews decisions made by USCIS, immigration courts, and other immigration authorities.
To file an appeal, you must submit an appeal form (Form I-290B) to the BIA, explaining why you believe the denial was incorrect. This must be done within 30 days of the denial decision.
If your case is being heard in removal proceedings in front of an immigration judge, you can appeal the judge’s decision to the Board of Immigration Appeals (BIA), just as you would with a USCIS denial.
The appeal process may take a long time, and during this time, you may remain in the U.S. under specific conditions while awaiting the outcome.
In some cases, appealing the denial may not be an option. If this happens, you may need to reapply for a Green Card if you can address the issues that led to the denial.
Ensure that you address the specific reasons for denial in your new application. This could involve submitting more comprehensive documentation or demonstrating eligibility in a different category.
If you fail to meet the specific eligibility criteria for the Green Card category you are applying for (e.g., family-based, employment-based, asylum), your application may be denied.
Missing documents, incorrect information, or failure to provide supporting evidence can lead to a denial.
Serious criminal convictions or violations of immigration laws (such as overstaying a visa) can lead to a denial.
If you fail to meet the medical requirements or have a health-related condition that makes you inadmissible, your application may be denied.
If you miss a required interview or fail to respond to a request for additional documentation, this can result in a denial.
It's always advisable to work with an experienced immigration attorney when appealing a Green Card denial. They can help you understand the reason for the denial and assist with filing the appropriate appeal or motion.
An attorney can also guide you in gathering additional evidence or correcting any errors in your original application.
Ensure that all necessary documents are submitted along with your appeal or motion. This could include affidavits, medical records, police reports, or anything else relevant to your case.
Carefully follow the guidelines for filing an appeal, motion to reopen, or motion to reconsider. Missing deadlines or failing to submit required documents could result in the rejection of your appeal.
Ahmed applied for a Green Card through his U.S. citizen spouse. However, his application was denied because he failed to submit proof of his legal entry into the U.S. As a result, he filed a motion to reopen the case, submitting the missing documentation. After reviewing the new evidence, USCIS granted his Green Card application.
If your Green Card application is denied, consulting with an immigration attorney is crucial to explore your options for appealing the decision and to ensure your case is handled appropriately.
Keep a thorough record of all correspondence, documents, and evidence submitted during the appeal process.
If your Green Card application is denied, there are several options to appeal or challenge the decision. By understanding the reason for the denial, following the correct procedures for appealing or filing a motion, and seeking legal advice, you can improve your chances of obtaining a successful outcome.
Answer By Law4u Team
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