Denial Of Your Immigration Case & Your Options

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Your I-485 Denied? Reapply With Help! Don't Give Up

When your immigration application has been denied, you might feel like you have no more options. In most circumstances, though, you have a number of legal options available to you to request that officials reopen and reconsider your case. You can appeal the initial decision, which could reverse the initial ruling and result in getting the immigration status you need to remain in the United States.

Often, though, the process of reopening and appealing a denial is a difficult one. You should consider hiring a lawyer experienced in immigration law to help you navigate the complicated immigration system and improve your chances of a positive outcome for your case.

Why Was Immigration Application Denied and What to do Next

Why Do You Need an Immigration Lawyer?

Whether you were denied at the Consulate or at your local United States Citizenship and Immigration Services (USCIS) office, you will need a dependable immigration lawyer. We will need guide you through the procedures involved in:

  • Filing an Appeal or Motion to Reopen/Reconsider
  • For requesting supervisory review at the consular post
  • Advisory opinions from the Visa Office
  • A judicial review
  • Waivers
  • For implementing other strategies to aid your immigration case

What is an I-485 Form?

The I-485 form, officially known as the “Application to Register Permanent Residence or Adjust Status,” is used by individuals in the United States to apply for lawful permanent resident status (a green card). It is filed with the U.S. Citizenship and Immigration Services (USCIS).

If your I-485 application is denied, the next steps depend on the reason for the denial:

  1. Motion to Reconsider or Appeal: If you believe the denial was incorrect, you can file a motion to reconsider or appeal the decision. This must be done within a specific timeframe.
  2. Reapplying: If the denial was due to fixable errors (e.g., missing documents), you can correct the issues and refile the application. The timing for reapplication depends on the specific circumstances of your case. In some cases, you may need to wait for a certain period or address the reasons for the initial denial before reapplying.

USCIS Case Status Denied: When Can You Reapply?

Your USCIS case denial may not be your fault. A denial of your application could be due to a bureaucratic mistake or a lack of evidence on the applicant’s part.

When you are informed that your application has been denied, you should be supplied with the reason for the denial. This is useful information; it can help you address any issues in your initial application when you reapply or help your immigration lawyer know how best to appeal your case.

When USCIS informs an applicant or petitioner of the denial of their application, the applicant generally has 30 days (three days added if notice was mailed) to file an appeal or a Motion to Reopen or Motion to Reconsider their decision.

The decision as to the most appropriate motion to file is an important one, and sometimes choosing one over the other can prove to be critical. If you receive a denial, you have several options, and even if the decision is not appealable, you can still file either a Motion to Reopen or a Motion to Reconsider.

Motion To Reopen
Motion To Reconsider
The Appeal

Motion To Reopen

A motion to reopen is a request for the original decision maker to review a decision. The motion must be based on factual grounds, such as the discovery of new evidence (not just something that was previously omitted) or changed circumstances, and it must state the new facts to be provided in the reopened proceedings and be supported by affidavits or other documentary evidence.

Also, there are specific requirements for filing a motion to reopen a case that was denied due to abandonment. For a motion to reopen to be approved, it must meet certain requirements. If the court processes this motion, the underlying case will return to pending status. The USCIS may review all the evidence and either approve or deny the immigration case.

Motion To Reconsider

A motion to reconsider is a request to the original decision maker to review a decision based on legal arguments. It should explain the reason the decision is wrong. These usually involve arguing that the USCIS misinterpreted or misapplied the law, disregarded or misinterpreted the facts, or a combination of both errors of fact and law.

The arguments generally rely upon the supporting evidence of existing law, regulations, policy, and previous case decisions. In these motions, it’s especially important to work with an experienced immigration lawyer because they will be able to pinpoint where the law was misapplied and make the correct legal arguments on your behalf.

The Appeal

Appealing a denial in immigration court asserts that the deciding authority made a legal error based on the law and the submission of evidence. There must be a reason given for why the decision was erroneous. The appeal asserts that the decision was legally incorrect based on the law and the evidence presented, and the reason the decision was erroneously made.

Most appeals of immigration actions are heard by the U.S. Citizenship and Immigration Services’ Administrative Appeals Office (USCIS AAO). Deportation cases may go to the Board of Immigration Appeals. Alternatively, requests for reconsideration or to reopen are processed by the same authority that made the initial determination. Consular visa applicants found ineligible by the Department of State may also apply for a waiver of inadmissibility.

Legal Errors That Could Cause Your USCIS Case Status to be Denied

  1. Incomplete or Incorrect Forms: Missing information, incorrect details, or failure to sign the application can result in denial.
  2. Ineligibility: Applying for a benefit you do not qualify for, such as not meeting residency or relationship requirements.
  3. Failure to Provide Evidence: Insufficient or missing supporting documents, like proof of income, identity, or eligibility.
  4. Missed Deadlines: Failing to respond to a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) within the given timeframe.
  5. Fraud or Misrepresentation: Providing false information or forged documents.
  6. Criminal History: Certain criminal convictions can disqualify applicants.
  7. Unlawful Presence or Immigration Violations: Overstaying a visa or unauthorized work can impact eligibility.
  8. Medical Inadmissibility: Failing the medical examination or not submitting Form I-693 properly.
  9. Failure to Attend Appointments: Missing biometrics or interview appointments without rescheduling.
  10. Errors by USCIS: Mistakes in processing or misinterpretation of submitted evidence.

Has Your Application Been Denied?
Schedule A Consultation with Our Lawyers Today

Having your immigration application denied is stressful, emotional, and can leave you feeling unsure about your future. Having a consultation with our immigration lawyers can put your mind at ease, answer your questions, and show you that there is a path forward to getting your status approved.

Contact our office, and our immigration lawyers will teach you how to challenge U.S. Citizenship and Immigration Services or the State Department, at (718) 324-0404 or (845) 849-9201, use the form at the right, or email us at info@DironRuttyLLC.com. Our consultations are free of charge and confidential.

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