Green Card Denied: What To Do Next
Have you just discovered that your green card application was turned down? It can feel emotionally draining, especially if you were counting on that approval to keep your life plans on track. At Wogwu Law, PLLC, we understand how stressful this situation can be.
Our firm takes pride in helping individuals and families overcome immigration challenges. Attorney Lisa Christopher Wogwu has experienced similar hurdles firsthand, so she can focus on giving kind, respectful assistance. Keep reading if you need to know what practical steps you can take after a denial, who may want to consider an appeal, and how to handle obstacles that led to the denial.
Reasons for Green Card Denial
When a green card is refused, it’s important to figure out the cause. Each denial triggers its own next step. In other words, how you respond may depend on whether USCIS cited missing details, possible ineligibility, or other issues.
Incomplete or Inaccurate Application
One common reason for denial is failing to include complete and correct details. If your forms left out material or gave conflicting information, USCIS might have declined your application because it didn’t provide enough data.
Ineligibility
Another possible issue is that USCIS has decided you do not qualify for a green card under the rules. More concerning, they may have decided that you’re inadmissible, which also blocks approval. Inadmissibility is defined in 8 U.S. Code § 1182 and covers things like certain health problems, certain crimes, ties to totalitarian parties, or violation of immigration laws.
Examples include past convictions, concerns about public health, or misrepresenting facts to U.S. officials. A pattern like this can stop the process in its tracks, though there may be waivers for some grounds of inadmissibility.
USCIS Processing Errors
Sometimes, the problem isn’t on your end. The agency itself may have misread or overlooked a vital part of your paperwork. They might have lost or misfiled something, leading to you getting a letter of denial in error.
Other Potential Issues
There are many other causes of denial, such as skipping interviews, failing to pay filing fees properly, or failing to show good moral character. Prior deportations or entering the country without lawful status can also block your application.
Immediate Steps After a Green Card Denial
Once you learn about a denial, you should explore your legal options as quickly as possible. The first priority is to speak with a trustworthy immigration attorney. An attorney can explain the reasoning behind the denial so you know what’s realistic in your circumstances.
You’ll need to look over the denial notice carefully. This document explains the logic that USCIS used in its decision. In some cases, you’ll have to fix incomplete details. In others, you might confront more serious problems.
Options for Responding to a Green Card Denial
There are multiple ways to tackle a denied case. You might add missed materials, appeal, reopen the application, or decide to hold off for a while. The most suitable approach will depend on your individual situation.
Complete Your Application
If USCIS stopped your application because it lacked essential items, you might be able to fix that quickly. Providing extra documents or correcting mistakes in any form might be enough to revive the process and help resolve the issue.
Appeal, Reopen, or Reconsider
If you think your case was denied unjustly, you may challenge it. You’ll usually do this by submitting Form I-290B (Notice of Appeal or Motion). Depending on the situation, you can either ask USCIS to reopen the case with fresh facts, ask them to reconsider because of a legal flaw, or submit a formal appeal.
Here’s when to choose each option:
- Motion to Reopen: You have fresh evidence or new developments that might alter USCIS’s determination (8 CFR 103.5(a)(2)).
- Motion to Reconsider: You believe the agency got the rules wrong (8 CFR 103.5(a)(3)).
- Appeal: You feel the agency incorrectly judged the facts or failed to apply the law properly (8 CFR 103.3).
For family-based applications, you’d typically file Form EOIR-29 with the Board of Immigration Appeals (BIA). Be aware that the window for filing is typically 30 days from the decision (plus three more if you received the decision by mail).
Below is a short table summarizing forms you might need for post-denial actions:
| Form | Purpose |
|---|---|
| I-290B | Appeal or motion to reopen/reconsider with USCIS |
| EOIR-29 | Appeal for family-based denials to the BIA |
| I-212 | Request permission to reapply after deportation |
| I-601 | Request waiver of certain inadmissibility grounds |
Reapply
Filling a brand-new application could be an option, although it’ll probably include paying another set of fees. Before you jump in, you’ll want to be sure that the reasons for your denial won’t cause the next application to fail. It may be helpful to address problems with inadmissibility by submitting waiver forms such as Form I-601. If there’s a prior order of removal, Form I-212 might be needed.
Wait or Do Nothing
Waiting might be appropriate if you have a separate visa or do not need a green card right away. You could also shut the matter down if pursuing a green card no longer suits your needs.
Appealing a Green Card Denial
If you choose to appeal, you’ll generally have 30 days to file a Notice of Appeal with USCIS. Once that appeal is filed, the original decision is reviewed closely. Depending on the volume of cases and the complexity, you might wait many months or longer for a conclusion.
For those living overseas applying through consular processing, there’s no official appeal path. Instead, you can gather new materials and submit them again for a fresh review.
The Likelihood of Success
Many folks worry about how often green cards get turned down. Each year, USCIS denies thousands of I-485 and I-130 filings. For instance, during a recent period, tens of thousands were refused based on application errors or eligibility. Although that might sound discouraging, it also shows that some denials happen because of paperwork issues or incomplete packets, which can be fixed.
Seeking Guidance After a Green Card Denial?
Are you feeling unsettled about your next move? Wogwu Law is equipped and ready to assist. Attorney Wogwu will align her efforts with your circumstances and work hard to reach favorable outcomes.
If you need help, call us today at 210-972-4480 or drop a message through the firm’s Contact Us page to find out how we can stand by you to address your post-denial options. We want you to feel supported, listened to, and pointed in the right direction.