If your green card application is denied, you may still have legal options depending on the reason for the decision and your current immigration circumstances. In some situations, you may be eligible to appeal the decision, file a motion to reopen, or correct the issues with your application. Understanding why your application is denied is the first step in the process. Please follow along to find out what you can do if your initial green card application gets denied and how a proficient green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you gain access to entering this great country.
What Are Some Reasons Why My Green Card Application Was Denied?
Before feelings of devastation rush through you, your initial reaction may be puzzlement about your green card application being denied. Hopefully, some of this confusion may clear up after reading the USCIS’s written notice to you, which should explain their reason for the denial.
Green card applications may be denied on several grounds, including missing documentation, eligibility issues, or concerns during the application review process. While your case may be handled through a local USCIS field office in Milwaukee, federal U.S. immigration laws will apply.
Common Reasons a Green Card Application May Be Denied
- The USCIS may have concluded that you failed to provide all the required and correct information within your application
- The USCIS may have found that you have a criminal record for certain crimes that make you ineligible
- The USCIS may have found that you have certain health conditions that make you ineligible
- The USCIS may have found that you previously committed immigration law violations with your existing status in the U.S.
- The USCIS may have found that you previously lied or misrepresented yourself at the United States border to gain entry
Additional Issues That Can Lead to a Green Card Denial
Immigration officers may also deny green card applications when additional eligibility issues arise during the review process. These issues may include:
- Failure to meet eligibility requirements for the specific immigration category used for the application
- Lack of sufficient financial support for family-based immigration petitions
- Missing supporting documents, like medical evaluation results or identity documentation
- Inconsistencies during interviews or background checks
How Will I Know if My Green Card Application Was Denied in Wisconsin?
When USCIS makes a decision about your green card application, it will generally communicate the results via a formal written notice.
The most common form used to issue case updates is Form I-797C, Notice of Action. As such, USCIS may send this document when:
- Your application has been transferred to a different service center
- Your biometric appointment is scheduled
- Your immigration interview is scheduled
- USCIS issues a final decision regarding your application
In the event your application is denied, USCIS will explain the reasoning in the notice.
Information Generally Included in a Green Card Denial Notice
- The specific reason your application was denied
- Information regarding whether or not you can appeal the decision
- Information regarding the submission of additional evidence or motions
- Deadlines by which you must take legal action
- References to the laws or eligibility requirements utilized in making the decision
Understanding the grounds on which your application was denied is critical to understanding how to proceed.
What Can I Do If My Initial Green Card Application Gets Denied?
The next step to take after the denial of a green card application depends on the grounds on which USCIS denied the application. Some applicants must challenge legal or factual errors, while others may need to submit additional evidence or remedy issues in the initial filing.
If your green card application is denied, the notice issued by USCIS should explain your appeal eligibility. Depending on the circumstances of the denial, you may have the option to challenge the decision or correct the issues with your application.
Appealing a Green Card Denial
If you wish to pursue an appeal for your denied green card, you are generally required to file Form I-290B, Notice of Appeal or Motion. It’s important to keep the following in mind:
- Appeals must be filed within 30 days of receiving the USCIS notice, or 33 days if the notice was received by mail
- The filing fee is $675
- Appeals are reviewed by the Administrative Appeals Office (AAO)
- In some immigration court cases, appeals may be reviewed by the Board of Immigration Appeals (BIA)
Not every green card denial is handled in the same way, as some denials are the result of procedural errors, while others are based on inadmissibility. As such, the legal standard for an appeal is different from the standards to file a motion to reopen or reconsider.
Additional Legal Options Following a Green Card Denial
In addition to pursuing a traditional appeal, applicants can pursue additional legal remedies depending on the circumstances of their case. This can include:
- Filing a Motion to Reopen
- Typically used when new evidence becomes available that was not previously evaluated by USCIS
- New evidence must be relevant and capable of changing the outcome of the case
- Filing a Motion to Reconsider
- Used when you believe USCIS made an error when interpreting the law or reviewing the evidence in your case
- The motion must show that the original judge misapplied the law or made a factual mistake
- Submitting a new application
- In some instances, you may be eligible to submit a new application to remedy minor errors
Contact an Experienced Milwaukee Immigration Attorney Today
If you do not have a legal representative to help you with your initial green card application, then you should definitely acquire one for your appeals process. In conclusion, for more information on whether and when to start your green card application appeal, please don’t hesitate to contact a talented family immigration lawyer in Milwaukee, WI, from Sesini Law Group, S.C. Contact our team today to learn how we can represent you during these difficult times.