Your Green Card Has been denied, What now? | Jude Law LLC

If your green card application has been denied, don't worry. You have options.
You have just opened an envelope from USCIS. You freeze, your green card has been denied. Oh no! What do you do now? Unfortunately, the answer isn't always clear-cut. If your green card application has been denied, don't worry. You have options.This guide will help you understand the next steps to take. In this blog we will discuss what you need to know about greencard denials and what your options are.
*For common reasons for denials, see last week's blog(click here).*
- Before you panic, READ: If you have received a notice that your green card has been denied, it is important to read the notice carefully. The notice will state the specific reason or reasons why your application was denied. It is important to understand the reason for the denial so that you can determine your next steps.
- Check for mistakes: Once you have read and understood the notice, it is important to check for any mistakes. If there are errors on the notice, such as your name or address, you can send in a corrected copy. However, if the reason for the denial is incorrect, you will need to take further action.
- Decide whether it's best to Appeal or Reapply: If you believe that the decision to deny your green card application was incorrect, you may be able to file an appeal (I-130) or file a Motion to Reopen or Reconsider (I-485). The appeals process can be complicated and time-consuming, so it is important to speak with an experienced immigration attorney before taking this step. Your chances of success increase exponentially when you use a licensed U.S Immigration attorney. A lawyer will be able to guide you with regard to the best course of action. If you decide not to appeal, or if your appeal is unsuccessful, you may be able to reapply for a green card. However, depending on the reason for the denial, you may need to wait a certain period of time before reapplying or sometimes it may not be possible to reapply. An experienced immigration attorney will be able to tell you whether you have a chance of success on appeal and whether reapplying is an option.
- Decide whether consular processing is an option: If for some reason you are ineligible for adjustment of status, you may be eligible for consular processing. This is when you apply for a green card through a U.S. consulate or embassy in your home country. The process is similar to applying for a green card through USCIS, but there are some key differences. An immigration attorney can advise you whether this is an option in your case. If consular processing is an option a waiver may be needed. Do not leave the country without discussing this with an Immigration attorney.
- Be careful about seeking advice from non-attorneys: After a denial, it is common for people to ask friends and family what to do, some people even post their denial notices in Facebook groups. This can be a blessing and a curse. Every case is different. Even if someone has similar facts as you, this does not mean that your case is identical. What worked for one person after a denial may not work for you. In addition, some of the advice you may receive from friends and family could actually make your case worse. Example: Once I was contacted by someone who received a denial notice and instead of consulting with an attorney, they followed the advice of a family member and left the United States before the 33-day deadline and ended up triggering a 10-year ban. With no qualifying relative, unfortunately, nothing could be done for this person.
- FIle within the 33 day deadline: Whichever course of action you choose, ensure to file within the 33-day deadline. If USCIS is to send you a Notice to Appear (NTA) or place you in removal proceedings, the NTA will be sent after the expiration of this period. If a NTA is issued, USCIS will no longer have jurisdiction over your case and you will have to go before a judge. Generally, USCIS does not issue NTAs while you have benefit applications pending with USCIS.
In conclusion, receiving a denial notice can be confusing and stressful. However, it is important to understand the reason for the denial and what your options are before taking any further action. The best thing to do after receiving a denial is to speak with an experienced immigration attorney who can review your specific case and advise you on the best next steps. If your case has been denied, call us for a consultation (866-724-5833), find out what your options are.

DISCLAIMER: This blog post is provided for informational purposes only and does not constitute legal advice. You should consult with an immigration attorney for individualized advice regarding your specific situation.











