Green Card Application Denied? Here's What You Can Do
Facing a Green Card denial can be overwhelming, but don't give up! Depending on the reason and type of application, you might have options to fight back.
For family-based or employment-based applications:
No direct appeal: While appeals aren't available, you can file a motion to reopen or reconsider within 30 days.
Reopen: New evidence or changed circumstances justify this option.
Reconsider: This argues the original decision was legally or procedurally incorrect.
For removal proceedings:
(deportation)
Appeal to the BIA: This board reviews denials from immigration judges.
Judicial review: If the BIA upholds the denial, you can challenge it in federal court.
For asylum cases:
Appeal to the BIA: This is your first step after a denial.
Judicial review: If the BIA upholds the denial, you can still fight it in court.
For adjustment of status:
(certain employment categories)
Appeal to the AAO: This office within USCIS reviews specific denial decisions.
Remember:
Each case is unique: Consulting an immigration attorney is crucial to understand your specific options.
Act fast: Timelines for appeals and motions are strict, so don't delay.
Don't despair! Understanding your legal options and seeking professional guidance can increase your chances of success.