If your green card application gets denied, it can feel like your dreams of permanent residency are slipping away. But don’t lose hope—there are still ways to fight back or fix the issue. In this blog, we’ll walk you through what to do next and how to protect your future in the U.S.
Understand the Denial Notice
The first step is to read your denial notice carefully. This letter explains why your green card was denied and if you’re allowed to appeal or file a motion. Pay close attention to any deadlines—most responses must be submitted within 30 days.
Explore Your Legal Options
Depending on your situation, you might be able to:
- File an Appeal: If you believe USCIS made a mistake based on the law or facts, you can appeal the decision. This usually involves Form I-290B, but for some family cases, you might need Form EOIR-29.
- Submit a Motion to Reopen or Reconsider:
- A motion to reopen is used when you have new evidence or information that wasn’t available before.
- A motion to reconsider is filed when you think the decision was legally incorrect.
Both motions also use Form I-290B, and it’s important to include all supporting documents.
Fix and Resubmit Your Application
Sometimes the denial is simply due to missing information or paperwork. If that’s the case, you may be able to fix the issues and submit a new application without starting from scratch.
Reapply If Needed
If you can’t appeal or file a motion, you may choose to submit a new green card application. Before doing so, correct the reasons for your initial denial. This might involve getting legal advice, requesting a waiver, or gathering better evidence.
Special Cases: Denial from a U.S. Consulate
If your green card was denied through consular processing (outside the U.S.), you usually cannot appeal. However, you can reapply—just be sure to resolve the reason for the initial denial first.
When to Do Nothing
If you’re currently in the U.S. under another valid immigration status or decide not to pursue a green card anymore, you may choose not to take further action. Just make sure this decision won’t negatively affect your status.
Don’t Face This Alone—Talk to an Immigration Lawyer
Green card denials are serious, and the steps to challenge them are complex. An experienced immigration attorney can help you decide the best path forward, avoid delays, and increase your chances of success.
Has Your Green Card Been Denied? Let J. Molina Law Firm Help.
At J. Molina Law Firm, we understand how stressful a denial can be. Our experienced legal team can help you review your options, file appeals or motions, and guide you through the process with care and expertise. Contact us today for a personalized consultation.
