The United States Citizenship and Immigration Services (USCIS) may send you a Final Decision Notice that informs you that they have decided to deny your Form I-90, Application to Replace Permanent Resident Card. Within this letter, they may outline the different ways in which you may potentially recify this ruling. That said, please follow along to find out the correct action to take after your green card renewal is denied and how one of the proficient Lancaster, PA green card lawyers at Lupton Law LLC can help lead you in the right direction.

What are the different actions I can take after receiving a denial notice?

To reiterate, within a Final Decision Notice, the USCIS may provide you with options to respond to the denial of your green card renewal application. Namely, these options may be to refile your application, file a motion to reopen your application, file a motion to reconsider your application, or appeal the decision.

You may have educated yourself on the fact that even if your green card renewal is denied, your permanent resident status may remain intact. However, there are practical consequences that come without having valid identification documentation.

For example, you may face a roadblock if your employer asks for proof of a valid green card for Form I-9, Employment Eligibility Verification, compliance. Or, you may face travel restrictions in and out of the U.S., difficulties with renewing your driver’s license at a state DMV, and more.

In a worst-case scenario, based on the specific reason why the USCIS denied your green card renewal, they may have reason to believe that you no longer have a legal presence in the country. This may prompt deportation proceedings. So, it is best to consider the different actions they initially offer you.

What is the correct action to pursue after my green card renewal is denied?

Now, the “correct” action to pursue may depend on the exact explanation the USCIS gave for rejecting your green card renewal application, also outlined within a Final Decision Notice. Based on the provided information, you may choose to pursue any one of the following initiatives.

  • You may refile your green card renewal application if:
    • Your initial denial was due to simple, correctable mistakes (i.e., you paid the wrong filing fee amount or used an invalid payment method).
  • You may file a motion to reopen your green card renewal application if:
    • You have obtained new documentation proving your eligibility and correcting a factual misunderstanding (i.e., court records of a dismissed criminal charge).
  • You may file a motion to reconsider your green card renewal application if:
    • You believe the USCIS misapplied immigration law or agency policy to your application (i.e., the denial notice incorrectly cited the relevant law).
  • You may file an appeal on your green card renewal application decision if:
    • You believe the USCIS misinterpreted the law or your eligibility, and you want it reviewed by a higher authority (i.e., the AAO or BIA).

No matter what specific immigration matter you are currently dealing with, one of the talented Lancaster, PA green card lawyers from Lupton Law LLC is willing and able to step in and facilitate the process. Retain our legal services today.