Denied Immigration Application: What to Do

Immigration Attorney in St. Charles, MO

Unfavorable conclusions are often made by immigration officials.  Thankfully, there are times when those who get an unfavorable decision can appeal. Immigration appeals are essentially a way to request that a higher authority examine a case and decide if the unfavorable action was justified.

The Gateway Immigration law firm can assist you in any immigration matters. Our St Charles immigration lawyers can help you in your visa petition to achieve the American Dream. Contact us nowi! 

What is an Immigration Appeal? 

A request for a favorable ruling to be reviewed by a different authority is known as an immigration appeal. You have the option of appealing certain USCIS decisions to the following: 

  • Department of Justice’s Board of Immigration Appeals (BIA) or the 
  • USCIS Administrative Appeals Office (AAO).

The BIA and AAO have jurisdiction over different types of immigration cases. The decision’s appealability and the location to submit your appeal are both specified in your rejection or revocation notification.

You can File a Motion if your Appeal is Denied 

 what to do if your immigration application is deniedWhat happens if you are not given a chance to appeal? You may submit a motion in this situation. To do this, you do not need to be qualified to file an appeal. Sending a request to the USCIS office that made the negative decision constitutes a motion. 

The main distinction between motions and appeals is that you do not appeal to a different authority. You may submit a motion to reconsider the judgment or to reopen your case. The outcome of a motion will depend on your particular case, but an attorney can guide you through it.

It is a good idea to have an immigration appeals attorney complete and file the necessary documentation for you.  Their legal advice can also help you maneuver the complexities of your immigration case.  Contact us now for legal help!  

What Should I Do if my Immigration Application is Denied? 

Since the government is the one that handles these matters,  they are commonly forced to make prompt decisions in the case of temporary visa application, permanent residence, or green card. They will usually give you more than one opportunity to supplement your application and make it deserving of approval. 

Here are the things that you can do if your immigration application is denied: 

If the USCIS Rejects The Initial Application

The best course of action is usually to start over and submit a new petition if USCIS rejects the initial one submitted on your behalf, such as a Form I-129 (for temporary workers), I-129F (for fiancés of U.S. citizens), I-130 (for family-based immigrants), or I-140 (for immigrant workers). 

Green Card Denial After a Request to Adjust Status in the U.S.

When you receive a USCIS notification informing you that your application for adjustment of status (a green card) has been rejected, carefully review the notice. If you have the right to appeal the refusal, USCIS will let you know how to do it, among other things.

After a denial, there typically isn’t an appeal. If the law permits, you may request that the USCIS’s Administrative Appeals Office (AAO) review your case to determine whether the USCIS officer improperly denied your application for a green card. Remember that there will be a cost and a deadline for submitting the appeal.

If you aren’t authorized to appeal, the next best thing is to submit a motion to have your case reviewed or reconsidered. These motions differ from appeals in that you request that the individual who initially rejected your application reconsider, and your case is not forwarded to the AAO. 

You should file a motion to reconsider when you believe the officer denied your request for the wrong reason. When your situation has changed, or new information has emerged following the consular officer’s decision to refuse your green card, you file a motion to reopen.

Nonimmigrant (Temporary) Visa Denial in the U.S. Consulate

There is no right of appeal if you are applying for a non-immigrant visa at a consulate abroad. At the very least, the embassy must explain the reason for the denial to you. Most of the time, fixing the issue and reapplying is the fastest course of action.

Immigrant visa denial in the U.S. Consulate

The consulate will explain why your application for an immigrant visa (legal permanent residence) was rejected. Your application was incomplete, and more information is needed to make a good judgment, is a popular reason for denial. The rejection is therefore not final; you have a year to submit documentation that would enable the rejection to be modified.

If a year passes and you are still unable to provide the required documents to the immigration officer, your application will be denied, and you will have to start over. The rejection and closure are not subject to appeal.

In some cases, when the consulate rejects an application for an immigrant visa, it sends the case back to USCIS with a request that it revoke the petition that served as the basis for the visa application. Here are the things that you need to do once your immigrant visa is revoked:

  • First, you must persuade USCIS that the petition should not be revoked (often with more evidence) and that it should be sent back to the consulate so you can schedule another interview.
  • After that, you must persuade a doubtful visa officer to grant you the visa. If this occurs, be ready for your case to take years to resolve because communication between the consulate and USCIS takes time to happen.

Your U.S. sponsor can approach a local congressperson for assistance if your case develops into a serious bureaucratic nightmare or a wrongful conviction. Some of them employ a staff member whose primary duty is to help constituents with immigration issues.

A simple congressional question can put a stop to months of USCIS or consulate delaying or inactivity. The congressperson’s office may be willing to exert real pressure on USCIS or the consular office.

If your visa or green card has been denied, think about getting a lawyer. This matter can be complicated, and you need someone who can maneuver the immigration law. Call us now to seek legal help! 

Can I Attempt Multiple, Inconsistent Applications?

The answer is NO.  Avoid submitting several, erratic move during the green card application process. All of your applications are kept on file by the U.S. government, and they will be pleased to remind you of any past fraud or other grounds for denial. 

Changing your name won’t work because the immigration officials will have your fingerprints by the time the application procedure is complete. 

If you are facing any immigration matters, do not hesitate to ask for help. Our attorneys can help you with your immigration applications. Contact us today. 

Should I Disregard Notice to Appear in Immigration  Court? 

The answer is NO. Never fail to appear when called to immigration court. Immigration court hearings are regularly scheduled, but an applicant who was supposed to appear may have forgotten, been unable to attend, or hoped the issue would disappear. The worst thing you can do to your chances of immigration is to miss a court appearance. 

You’ll probably receive an automatic order of removal (deportation) in absentia, which implies that the U.S. Immigration and Customs Enforcement (ICE) can detain you and send you home at any moment.

If you return without being inspected, you will also be subject to a ten-year ban from entering the United States and additional penalties.

Our competent immigration lawyers at Gateway Law Firm can help you once you are needed to appear in court. Contact us today! 

Contact our Reliable St. Charles Immigration Lawyer Today! 

The United States immigration regulations might be difficult to understand. It may seem impossible to lawfully immigrate to the United States because there are so many rules and regulations that you must follow and keep up with. 

If you are dealing with a green card or visa refusal, naturalization application, getting a marriage visa, or any other immigration matters, our reliable St. Charles Immigration Lawyer in Missouri can help you achieve the American Dream!

Contact us today for a case evaluation, or visit our law firm at St. Charles, MO! 

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