23 Mar What to do if your green card is denied?
The process of obtaining a permanent residency (green card) is always lengthy, expensive, and slow. For this reason, receiving a denial letter after investing time and money in the process can be devastating.
Fortunately, USCIS usually allows applicants to submit additional information or overturn the denial. For this, however, you will need qualified assistance in deciding which path to take. If your green card application has been denied, the first step is to seek advice and representation from an experienced attorney. These are some of the options we can recommend:
- Submit a new petition.
If your first petition is denied, appealing the decision will likely cost more time and money than resubmitting. Since the initial petition is only the first step in the green card process, re-filing will not make a significant difference.
- Appeal your green card application.
If you have applied for a green card in the U.S. (e.g., through adjustment of status), your decision should inform you whether you can appeal the decision. However, denials that can be appealed are rare and the time period in which you can appeal is short. You will also have to pay a fee.
If you appeal, the USCIS Office of Administrative Appeals will be asked to review your case and determine if the officer in charge made a mistake in denying your green card. If you need to appeal a green card denial, it is important that you consult with the right attorneys.
- File a motion for reconsideration or reinstatement
If you are unable to appeal the denial of your green card application, you may have the option of filing a motion for reconsideration or reinstatement to overturn the denial. These two options are different from an appeal because they do not go through the Office of Administrative Appeals. Instead, the request goes to the official who originally denied your request.
You would file a motion to reopen if you believe the official denied your case for the wrong reasons (e.g., because he or she misjudged your situation, misapplied certain laws, etc.). A motion to reopen, on the other hand, is filed when your situation has changed significantly or new evidence has been presented.
You must keep in mind that a motion to reopen has more serious consequences when it becomes a deportation proceeding. However, you have the option of defending yourself in court before an immigration judge.
Appearing for a court date is critical. If you do not appear, the court will likely issue a deportation order in absentia, allowing ICE to deport you at any time. You will then have to wait 10 years before you can return to the United States.
It is nearly impossible to go through this entire process without the help of an experienced attorney on your side. Our team at Denisse Vergara Miller Law wants to help you!
If you would like more information or need help with an immigration case, you can call us now at (832) 305-6560. Or schedule a consultation by clicking here
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