Was Your Green Card Application Denied? You May Have Options
The majority of people who apply for a green card to become a lawful permanent resident are already living in the United States. The process of applying for a green card is known as an adjustment of status. Too many immigrants believe that applying for a green card is a fairly straightforward process. Unfortunately, the United States Citizenship and Immigration Services (USCIS) may deny your application.
When a green card application is denied, too many immigrants believe they must simply pack their belongings and return to their home country. This is a mistake. If USCIS has denied your green card application, you may have options. Our Atlanta deportation defense lawyer explains what these are below.
How to Determine if Your Application was Denied
If your green card application is denied, the USCIS may send you a Form I-797C, Notice of Action. Receiving this notice does not necessarily mean your green card application has been denied. The USCIS sends these notices for many reasons such as scheduling your biometrics appointment, informing you that your case has been transferred to another service center, and to notify you of your immigration interview.
However, if your green card application was denied, the USCIS will likely inform you of their decision by sending a Notice of Action. Within the notice the USCIS will include their reasons for their decision. Possible reasons include an incomplete or inaccurate application, a previous violation of immigration law, your criminal history, and your current health conditions.
Options Available if Your Green Card Application was Denied
If USCIS sends you Form I-797C, Notice of Action, they may also include information regarding how to appeal your denied application. They may recommend that you file Form I-290B, Notice of Appeal or Motion to initiate the legal process. They may also inform you of the following options available to you:
- Filing with the Administrative Appeals Office: If you think USCIS made a mistake, you can file an appeal with the Administrative Appeals Office. They have more authority than the USCIS and can review the decision and reasons for it.
- Filing with the Board of Immigration Appeals: If an immigration judge has already heard your case, particularly in removal proceedings, you can file an appeal with the Board of Immigration Appeals.
- Filing a Motion to Reopen: You can file a Motion to Reopen your case if you have new evidence to present that the USCIS did not have the opportunity to review before making their ruling.
- Filing a Motion to Reconsider: You can file a Motion to Reconsider if you think USCIS misunderstood a portion of your application and want to ask them to reconsider their decision.
Our Deportation Defense Lawyer in Atlanta Can Advise On the Best Option for You
Although there are options to appeal a denied green card application, the process is complex and the burden of proof is on you to show an error or misinterpretation when challenging a denial. For a consultation to discuss your needs and case, please call Shirazi Law, today at 404-523-3611. Our Atlanta deportation defense lawyer serves clients in Atlanta, Moultrie, and Dalton, GA and Chattanooga, TN.
Sources:
uscis.gov/i-290b
uscis.gov/forms/all-forms/form-i-797c-notice-of-action
