Answer By law4u team
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.
Steps to Appeal a Denied Green Card Application
Understand the Denial Reason
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:
- Ineligibility for the Green Card category you applied for.
- Criminal history or issues with moral character.
- Failure to provide required supporting documentation or incorrect information.
- Missing eligibility requirements, such as incorrect or insufficient proof of a qualifying relationship or employment.
- Failure to attend the interview or provide additional requested information.
File a Motion to Reopen or Reconsider
Motion to Reopen
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.
Motion to Reconsider
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.
Appeal to the Board of Immigration Appeals (BIA)
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.
Appeal to an Immigration Judge (If in Removal Proceedings)
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.
Reapply for a Green Card
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.
Common Reasons for Denial
Ineligibility
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.
Failure to Provide Complete or Correct Information
Missing documents, incorrect information, or failure to provide supporting evidence can lead to a denial.
Criminal or Immigration Violations
Serious criminal convictions or violations of immigration laws (such as overstaying a visa) can lead to a denial.
Medical Issues
If you fail to meet the medical requirements or have a health-related condition that makes you inadmissible, your application may be denied.
Failure to Attend an Interview or Request
If you miss a required interview or fail to respond to a request for additional documentation, this can result in a denial.
Tips for a Successful Appeal
Consult an Immigration Attorney
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.
Gather Supporting Evidence
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.
Follow the Proper Procedures
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.
Example
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.
Legal Actions and Protections
Legal Advice
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.
Document Everything
Keep a thorough record of all correspondence, documents, and evidence submitted during the appeal process.
Conclusion
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.
