What Can I Do if My Visa or Green Card Application Is Denied?

Applying for a green card or visa is a significant step in creating a life for yourself in the United States. Unfortunately, not all applications are approved. If your visa or green card application gets denied, it is important that you are aware of the associated implications as well as your options moving forward. Reach out to a green card immigration lawyer in NYC to discuss your situation and obtain legal representation.

Why Would My Application Get Denied?

Applicants for a U.S. visa or green card must meet certain criteria to get approved. There are many reasons that an application may be denied, including the following.

1. The application was incomplete or inaccurate as in missing documents or containing incorrect information
2. You fail to meet the eligibility requirements for the specific visa you applied for
3. Health-related reasons like having a communicable disease that is dangerous to the general public, refusing to get vaccinated, being a drug abuser, etc.
4. Having convictions of certain types of crimes, particularly crimes of moral turpitude like drug trafficking, fraud, prostitution, etc.
5. Current or former involvement in terrorist groups, Nazi parties, or any groups with efforts adverse to U.S. foreign policy
6. Public charge issues where you are seen as likely to become dependent on the U.S. government for financial support or care

If you are denied for any of the above or more, you have several legal options.

What if My Green Card Application Gets Denied?

If you applied for a green card or visa and were met with a denial letter, you have options. A rejection does not necessarily mean the end of the road. You can file a Motion to Reconsider, a Motion to Reopen, or an appeal of the decision.

An appeal is a request that a different person or authority review your application and determine whether or not to uphold the original decision made by the USCIS (United States Citizenship and Immigration Services). A motion is a request to the USCIS to review the decision that was made by their officers.

To file a Motion to Reconsider, submit Form I-290 the Notice of Appeal or Motion. With the help of an attorney, you may be able to demonstrate that a mistake was made during the USCIS decision-making process.

A Motion to Reopen can be filed using the same Form I-290 and is beneficial if you have procured new evidence that was not submitted during your original application. If the new evidence changes your circumstances then the USCIS may reevaluate their decision.

To file an appeal, submit Form I-290B, the Notice of Appeal or Motion. You will not be able to introduce any new information during an appeal. Instead, a board will review your original application and issue a new decision.

If your application was denied and you are unsure how to move forward, do not hesitate to contact the Law Office of Cheryl R. David to speak with a skilled attorney and discuss your situation.