When you’ve applied for a U.S. green card, you may receive notice that the federal government has denied your application. Immigration officials can deny green card applications for various reasons. However, applicants may have the right to challenge the denial of their applications through the green card application appeal process, giving them a second chance to present their case.
However, applicants may have the right to challenge the denial of their applications through the appeals process. If you’re wondering, “Can I appeal a green card application denial?”—the answer is yes, in many cases. Doing so allows you to correct any misunderstandings or missing documentation that may have led to the denial.
Common Reasons for Green Card Application Denials
U.S. Customs and Immigration Services may deny a foreign national’s green card application for various reasons. Common green card denial reasons include:
- You Don’t Meet the Eligibility Criteria – A person applying for a green card must have a close U.S. citizen or lawful permanent resident relative or an employer petition on their behalf before they can file a green card application. Alternatively, specific categories of immigrants may also qualify to apply for a green card, such as special immigrants, refugees, asylees, crime/human trafficking victims, or victims of abuse.
- You Applied While in the U.S. While Ineligible to Do So – Only specific categories of immigrants can apply for a green card while in the U.S.; most immigrants must apply from their home countries.
- You Have Disqualifying Factors – USCIS will deny applications of individuals with certain criminal convictions in the U.S. or other countries, who pose a national security risk, or who have a disqualifying medical or mental health condition.
- You Failed to Attend Your Biometrics Appointment or Consular Interview – All green card applicants must attend an appointment to provide USCIS with their fingerprints, photographs, and signatures. Applicants outside the U.S. must also attend an interview at a U.S. consulate or embassy in their home country.
- You Failed to Respond to Requests for Additional Information – Sometimes, USCIS asks applicants for additional information to supplement missing evidence.
- You Failed to Provide Translations for Non-English Documents – Applicants who submit documents not originally in English must provide a certified translation.
- You Failed to Pay the Required Application Fees – Green card applicants are responsible for paying application fees, and failure to do so can result in the denial of an application.
The Green Card Appeal Process
A green card applicant who receives a denial notice from USCIS can appeal to the USCIS Administrative Appeals Office or the U.S. Department of Justice’s Board of Immigration Appeals. Applicants can alternatively file motions to reopen or reconsider their application in certain circumstances. You can file a motion to reopen if you discover new information that may convince USCIS to change its decision on your green card application. A motion to reconsider argues that USCIS misinterpreted or misapplied legal standards in evaluating your application. You have 30 days after USCIS denies your green card application to challenge the denial.
The Administrative Appeals Office (AAO) process or an appeal to the Board of Immigration (BIA) appeals will require you to show that USCIS misinterpreted or misapplied the law governing your application, misinterpreted the facts or evidence supporting your application, or otherwise denied your application for improper reasons. For appeals to the AAO, you may, but do not have to, submit a brief, although you must identify the specific advocate’s errors of law or fact made by USCIS in denying your application. Appeals to the BIA will require a brief arguing how USCIS erred in its decision.
When an administrative appeal to the AAO or BIA does not reverse the denial of your green card application, you may have the right to further appeal to the U.S. Court of Appeals.
Immigration Denial Appeal Tips
You can improve your chances of ultimately getting your green card application approved by following best practices, such as:
- Carefully reviewing the denial notice to understand the reasons for the denial of your application
- Evaluating your options for challenging the denial, such as pursuing a motion to reopen/for reconsideration or appealing the decision
- Gathering additional evidence and documents to supplement your application to correct any deficiencies that may have led to the denial
- Ensuring you file your notice of appeal on time
Finally, you can speak with an immigration attorney to determine your chances of success on appeal and understand which option(s) may help you reverse the denial of your green card application.
How Long Does the Immigration Appeal Process Take?
Appeals of green card denials usually take approximately six months to receive a decision. Although no one can precisely predict the green card appeal timeline, factors that may affect the duration of your appeal include:
- Whether you need to submit additional information to complete your application
- The complexity of the legal issues in your case
- The appeal path you choose
Please read more about the appeal of the court decision here: Appeals Court decision a significant blow to DAPA
Contact Our Firm Today for Guidance and Support
When you receive a notice of denial of your green card application in Texas, you have options for continuing to pursue lawful permanent residency in the U.S. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits.
Call The Law Office of William Jang, PLLC at (512) 323-2333 or contact us online for an initial consultation with an experienced immigration attorney to discuss your next steps after your green card application is denied.
