As frustrating as a denied application can be, it doesn’t necessarily mean you have to give up on your dream of coming to the United States or becoming a lawful permanent resident, and eventually, a citizen. If the United States Citizenship and Immigration Services (USCIS) has denied your visa or green card application, the appropriate response will depend on what you are applying for and where you physically are at the time of the denial, in the country or overseas. Please continue reading to learn the common pitfalls that lead to application denials to equip you with the knowledge needed to navigate this complex process and why connecting with a trusted New Jersey Immigration Lawyer is in your best interest.
What Should I Do if USCIS Denies My Visa Petition?
If USCIS has denied the initial visa petition filed on your behalf, the best legal avenue is typically to start the process over and file a new application. If you are applying for a nonimmigrant visa through a U.S. Consulate or Embassy overseas, you cannot appeal after a denial. Essentially, there is no appeal process. The Consulate will explain the reasons for the denial. As such, the best course of action is to carefully review the denial letter to understand the specific reasons for the rejection and take the necessary steps to fix the issue (if possible). From here, you may reapply for a U.S. visa.
What Should I Do if USCIS Denies My Green Card Application?
It’s no secret that embarking on the green card application journey is no small feat, given the stringent eligibility criteria and procedural steps. Generally, you can face a green card denial if you fail to meet eligibility requirements, make errors in your application, miss required appointments, have a criminal history, or have financial insufficiency.
If your green card application has been denied, you don’t need to panic. You can usually appeal a green card denial by submitting a Notice of Appeal, Form I-290B to USICS within 30 days of receiving the denial notice. USCIS will review your case and make a decision. Depending on the complexity of your case and the backlog of the immigration court, the appeal process can take several months or even years.
After receiving a denial, it’s in your best interest to consult an experienced New Jersey immigration lawyer who can help you understand the specific reasons for the denial and guide you on the best course of action, which may include filing a new application or an appeal. At the Law Offices of Aditya Surti, LLC, we will do everything in our power to attain a favorable outcome on your behalf. Connect with our firm today to learn more about what we can do for you.
