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.