The United States Citizenship and Immigration Services (USCIS) may have rejected your initial green card application because you incorrectly filled out a certain section of the form. Or, they may have deemed you ineligible after evaluating the evidence that supplemented the form. Whatever their specific reasoning, you may be able to petition for an appeal of the decision. If this reflects your circumstances, it’s important to understand that a denial is not the end of the road, as you may have alternate options. Continue reading to learn how to appeal a green card application denial and how one of the experienced Lancaster County immigration appeal lawyers at Lupton Law LLC can help you through your upcoming appeals process.

Why Are Green Card Applications Commonly Denied?

Learning that your green card application has been denied can be incredibly stressful and upsetting. While USCIS will provide you with specific information regarding the reason for your specific denial, it’s important to understand some of the most common reasons that these applications are denied. 

Common Reasons for Denials 

Understanding the most common reasons for denials is critical to help ensure that you can avoid these errors for the most efficient process possible:

  • Failure to meet eligibility requirements for the specific green card category
  • Missing required documents 
  • Insufficient supporting evidence
  • Alleged misrepresentation
  • Application inconsistencies
  • Failure to attend the biometric appointment
  • Missed immigration interview
  • Criminal history
  • Prior immigration violations

Can Every Green Card Denial Be Appealed?

Unfortunately, not every green card denial is appealable. However:

  • Some denials may be resolved by filing a new application
  • Some denials may be reopened or reconsidered by filing a motion
  • Some denials may be appealed to the Administrative Appeals Office (AAO)

How Can I Appeal A Green Card Application Denial?

If your green card application was denied, understanding how to move forward with the appeals process is critical. Typically, you’ll find that USCIS will provide you with information regarding the reason for the denial, as well as whether your case is appealable or you must file a motion to reopen or reconsider. 

File Form I-290B

Typically, to appeal an initial green card application denial, you would have to file Form I-290B, Notice of Appeal or Motion with the USCIS’s Administrative Appeals Office (AAO). With this form, you may either appeal the USCIS’s initial decision or file a motion to reopen or reconsider your immigration case. 

It’s important to understand the timeframe in which you must file this form by:

  • 30 days from the decision date
  • 33 days if the decision was mailed

Meeting the deadline is critical, as your appeal will likely be dismissed if it is not filed on time. 

Appeal vs. Motion to Reconsider vs. Motion to Reopen: What’s the Difference?

Though they may seem similar, it’s important to understand that there are different grounds in which you can petition USCIS to reconsider your case. Understanding how these differ is critical to selecting the right option. Failure to do so can result in significant delays or denials. 

  • Appeal: You may file an appeal on the grounds that USCIS made the incorrect decision based on the law or existing record
  • Motion to Reconsider: You may choose this option if you believe that USCIS misapplied the law or policy
  • Motion to Reopen: You may file on these grounds if you have new evidence to submit that was not previously included

What Evidence Should Be Included in an Appeal or Motion?

If you are planning on filing for an appeal or motion regarding an immigration denial, it’s important to understand what documentation you’ll need to submit. In general, you should include:

  • Legal arguments addressing USCIS’s reason for denial
  • Supporting documentation that helps correct deficiencies
  • Updated eligibility evidence
  • Clear explanation of errors in USCIS’s original decision

What Other Immigration Decisions Can Be Appealed?

Aside from green card applications, the USCIS is generous enough to offer second chances for many immigration rulings. That is, the following types of immigration issues are also appealable:

  • Bond determinations
  • Denial of asylum
  • Denials of waivers of inadmissibility
  • Removal orders
  • Denial of deferred action
  • Denial of adjustment of status

What Happens if an Appeal Is Denied?

If you go through the appeals process only to have your appeal denied, you may feel dejected. However, it’s important to understand that you could have the opportunity to further the appeal, although these are often limited. You should also understand that, under certain circumstances, a Federal court review may be possible. For many, refilling can be the most practical option. 

Speak With Our West Chester Immigration Appeals Attorneys

If your green card application has been denied, or you are looking to apply for a green card and want to limit your chances of denial, it’s in your best interest to work with the experienced team at Lupton Law LLC. We understand how complicated these matters can be to navigate, which is why we will do everything possible to help you navigate these difficult times. Contact our team today to learn how we can represent you through the complex immigration process.