You may already be legally present in the United States when you submit your initial green card application for permanent resident status. You may be quick to assume that this will be a streamlined transition. However, for reasons you do not yet understand, the United States Citizenship and Immigration Services (USCIS) may reject your petition. Before surrendering, packing your things, and returning to your native country, you must understand that this fight is not over. Rather, please continue reading to learn whether you can appeal a denied green card application and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you get a second shot at this immigration opportunity.
How will I know that my application got rejected?
First of all, the USCIS may communicate with you through Form I-797C, Notice of Action. They may issue this notice for any relevant updates on your immigration case, such as when it is transferred to a different service center, when you are expected to schedule your biometrics appointment, when you are expected to attend your immigration interview, and more. But ultimately, this is how you may be made aware that your green card application was denied. Here, the USCIS may outline the specific reasons for their decision, such as the misinformation or lack of information in your application, your criminal history, your past immigration law violation, your current health conditions, and more.
How can I appeal a denied green card application?
Also within Form I-797C, Notice of Action, the USCIS may provide information regarding your available options to appeal your denied green card application. First, they may instruct you to file Form I-290B, Notice of Appeal or Motion, to get this legal process moving. Then, they may tell you to take one of the following legal paths:
- File an appeal to the Administrative Appeals Office (AAO): This is if you believe the USCIS made an error and you want a higher authority to review their ruling.
- File an appeal to the Board of Immigration Appeals (BIA): This is if your case was heard by an immigration judge, particularly in removal proceedings.
- File a Motion to Reopen: This is if you have new evidence that the USCIS lacked before that you believe might change their final decision.
- File a Motion to Reconsider: This is if you believe the USCIS misinterpreted a part of your application and want them to reconsider their ruling.
With all that being said, you must understand that disagreeing with the USCIS’s ruling alone is not enough to initiate an appeal or motion process. That is, you must truly believe that an error or misinterpretation was made on the facts and evidence. For example, there is little to no chance of having this decision reversed if the fact of the matter is that you do not meet the eligibility criteria for a green card, if your recorded criminal history makes you a national security risk, etc.
We can sympathize with how daunting this whole legal battle may be for you. Well, lucky for you, the team at Sesini Law Group, S.C., has successfully gone through this countless times before. So please, retain the services of a skilled family immigration lawyer in Milwaukee, WI today.