Can I Appeal My Denied Green Card Application?

Being issued a green card is often one of the most rewarding milestones in an individual’s immigration journey. Unfortunately, not every application is approved. Receiving a rejection can be frustrating, especially after the time and resources required to submit your application. If your green card application was denied, it is crucial that you understand how you can appeal the decision in order to protect your legal rights and options. To learn more and secure knowledgeable legal counsel, reach out to a green card immigration lawyer in NYC today.

Why Would My Green Card Get Denied?

A green card, or Permanent Resident Card, provides immigrants with the right to live and work permanently in the United States. Securing this status can pave the path toward citizenship, so it can be discouraging if you are denied. Some common reasons that applicants may be rejected include the following.

• The application was incomplete or inaccurate
• The applicant does not meet the eligibility requirements
• The applicant has health-related issues that could be dangerous to the public
• The applicant has convictions of certain crimes like those of moral turpitude, fraud, or drug trafficking
• The applicant is or was involved in a terrorist group or any organization with efforts adverse to U.S. foreign policy
• The applicant is likely to become a public charge

Can I Appeal My Denied Green Card Application?

Whether or not you can appeal your denied green card application depends on the nature of the rejection and the specific circumstances of your situation. In general, you can file either a full appeal or a motion to reconsider.

If you believe that the decision to deny your application was incorrect, you can file an appeal with the Administrative Appeals Office (AAO). Use Form I-290B, the Notice of Appeal or Motion. File within 30 days of receiving the denial. During the appeal process, the AAO will review your case to determine whether the USCIS made an error. If they decide that your application should have been approved, they can overturn the decision and grant you a green card.

If you have new information or have identified a specific issue, you can also challenge the denial by filing a motion. This is not a full appeal, but is generally filed when there is new evidence, a legal error was found, or a change in circumstances could affect the decision. You can file a Motion to Reopen with the USCIS, which requests that your case be reopened to account for new evidence that was not previously available, or a Motion to Reconsider, which requests that the USCIS reconsider based on an error in applying the law.

It is important to note that even though you have the right to appeal, there are certain rules and time limits that must be met. To ensure your rights are protected during this time, consult with a skilled immigration attorney.