What Happens If Your Green Card Application Is Denied?
There is so much invested into a green card application. It takes a great deal of time and effort. It can also be a costly process. The fact that so much is on the line and that you will never get the time, effort, or money back that you put into your green application means that a notice of denial can feel truly devastating. A denial may be issued if your petition fails USCIS adjudication of your case to determine whether or not a green card is merited. This is in contrast with a rejection that may happen after an officer initially reviews your application for all necessary documents and supporting evidence.
What Should You Do After Your Green Card Application Is Denied?
You will be notified in writing that your green card application has been denied. Carefully read your notice of denial as it contains important information regarding how you may proceed. The notice will inform you as to whether you can appeal the denial. If you are able to appeal, it will let you know how to do so. Appealing your denial involves asking the Administrative Appeals Office of U.S. Citizenship and Immigration Services (AAO) to review your case to find out whether the USCIS officer was wrong in denying your green card application. Be mindful of the deadline in place for filing your appeal. There will also be a fee associated with filing the appeal. In most cases, the AAO office will end up siding with the USCIS officer who evaluated your green card eligibility.
If you are not permitted to file an appeal, you have the option of filing a motion to have your case reopened or reconsidered. Filing a motion to have your case reopened is best in situations where you have obtained new evidence or new documents to support the granting of your green card. If you have newly obtained supporting documentation that would potentially change the outcome of your green card application, then you should file a motion to reopen your case. If you believe that the USCIS officer who evaluated your case made an error in rendering his or her decision, then you may want to file a motion to reconsider. You will need to be prepared to present a sound legal argument that would merit a reversal of the denial of your green card. Alternatively, and in very rare circumstances, a person may seek to challenge the green card denial by filing suit in federal court.
Should your application be denied and you have no other legal basis for being in the U.S., then removal proceedings will likely begin. A legal basis for remaining in the U.S. despite a green card denial might be someone who is waiting on a political asylum application to be processed or a person who possesses a temporary work visa. During removal proceedings, you will have an opportunity to renew your green card application before the presiding immigration judge.
Hopes, dreams, time, and money are all poured into the green card application process. To receive a denial after all that can be very difficult, to say the least. At Talamantes Immigration Law Firm we are committed to helping our clients successfully apply for a green card. Should a green card application be denied, we are prepared to do everything in our power to fight the denial. Contact Talamantes Immigration Law Firm today.
Posted in: Immigration Law