Green Card Application Denial

The Appeal Process For Green Card Application Denial

The appeal process for an immigrant visa denial can be complex and lengthy. Working with a qualified immigration lawyer can be a game-changer.

Here are the main steps involved in appealing a green card application denial:

1. Motion to Reopen or Reconsider

Filing a motion to reopen or reconsider is your first step to appealing your visa application denial. You file a motion to reopen or reconsider with the USCIS, requesting to review your application again with new facts or evidence.

To file a motion, you need to submit Form I-290B and pay a filing fee of $675. It should state the grounds of your request and include relevant evidence that shows that the USCIS decision was incorrect.

The USCIS will review the motion and decide whether to grant or deny it. If the motion is granted, it will issue a new decision.

2. Appeal to AAO

If your motions to the USCIS are denied, you may be able to appeal to the Administrative Appeals Office (AAO). You’ll need to file Form I-290B and pay the filing fee along with any supporting documents. 

3. Appeal to Federal Circuit Court

If the AAO denies your appeal, your next option is to appeal to federal circuit courts. To do so, you must file a petition for review and pay a $500 filing fee within 30 days of receiving the AAO decision. You also need to submit a brief outlining your issue and the grounds for your appeal.

4. Appeal to the U.S. Supreme Court

Appealing to the U.S. Supreme Court is your last resort to obtain a favorable outcome. You need to file a petition for a writ of certiorari within 90 days of receiving the circuit court’s decision. However, your request can only be granted if your case involves an unsettled question of federal law or a matter of national significance. This means that your grounds for appeal should be as solid as it can be.

Common Reasons for Green Card Denial

USCIS may deny a green card application because of:

• Eligibility issues: You do not meet the green card eligibility requirements

• Application errors: You made mistakes in your green card application forms and documents or failed to include the required supporting documents such as birth or marriage certificates.

• Inadmissibility grounds: These may include:

  • Health problems such as a communicable disease or a physical or mental disorder

  • A Criminal record for crimes such as drug trafficking or money laundering

  • Posing a security risk, such as being involved in terrorist efforts

  • Accumulating unlawful presence, such as when you enter the U.S. illegally or overstay your visa

• Interview issues: You failed to attend, prepare for, or pass your interview

What’s the Difference Between a Green Card Rejection and a Denial?

A rejection of a green card application means that your application was not processed due to technical issues. For example, you may have missed some information, paid the wrong fees, or filed the wrong forms. A rejection does not affect your eligibility or status, and you can usually fix the issues and resubmit your application.

However, a denial means that your application was processed and denied on substantive grounds, such as not qualifying for the green card category you applied for or giving inconsistent answers in your application or interview.