What Can I Do if My Green Card Renewal is Denied?

Renewing your green card is usually a straightforward process, but when the USCIS (United States Citizenship and Immigration Services) issues a denial, you may begin to panic. When this happens, many lawful permanent residents wonder whether they can remain in the U.S. and how their immigration status will be affected. To learn more about what to do when your green card renewal is denied, read below. Contact a knowledgeable New York City green card immigration lawyer to secure skilled representation and legal counsel today.

What Does a Denial Mean?

It is important to understand that if your green card renewal application is denied, it does not automatically terminate your lawful permanent resident status. As long as your status is still valid, you can remain in the U.S. and continue working. The USCIS’s decision typically reflects an issue with your application and not a loss of status itself. However, depending on the reason for denial, it is possible that your case may result in removal proceedings.

Why Would My Renewal Application Be Denied?

There are many reasons why the USCIS could decide to reject your green card renewal application, even if you have had valid status in the U.S. for years. Consider the following.

• Filing errors: Simple filing mistakes could lead to a denial, including missing signatures, failing to include the correct fee, submitting the incorrect form, missing documents, and more.
• Abandonment of residency: Long absences from the United States can cause the USCIS to question whether you abandoned your permanent residency in the country.
• Fraudulent information: Submitting any false information could be seen as fraudulent, even if it was a mistake.
• Criminal convictions: Convictions or pending charges for certain criminal offenses could result in a denial and trigger deportation proceedings.
• Immigration violations: Any behavior that goes against U.S. immigration laws, like having entered the country without authorization, failing to disclose information, overstaying a visa, or engaging in unauthorized employment, could result in a denial. If there is evidence that you have ever violated U.S. immigration laws, the USCIS could deny your renewal.

The above and more are all potential reasons why your application may be rejected. Your denial letter should explain in detail the circumstances under which you were denied.

What Can I Do if My Green Card Renewal is Denied?

If your green card renewal is denied, you can challenge the decision. You can use Form I-290B to:

• File a motion to reopen
• File a motion to reconsider
• Appeal to the Administrative Appeals Office (AAO) in certain cases

You typically must file within 30 days of the decision date. The motion to reopen should include new facts and appropriate evidence establishing why the USCIS should repeal the decision, and the motion to reconsider must show that the immigration law or policy was incorrectly applied or an error was made.

Immigration law can be extremely complex, so it is crucial that you have the help of an experienced professional. For more information, reach out to a lawyer at The Law Offices of Cheryl R. David today.