Although going through the visa or green card denial is challenging, it is essential to consult immigration attorneys regularly. Visa and immigration applications in the United States are not easy, and occasionally, whatever one may do, applications can be denied. At such a stage, it is very important to know what is out there that one can do, and what needs to be done to have the denial rectified. Here is a suggestion for actions to take if you receive a negative decision from USCIS or a U. S. consulate.
A Word of Reassurance
It is crucial to understand that concerning visa or green card refusal, there are certain steps you can take after the refusal, particularly from the following U. S. government departments Since the green card process is much more rigorous, the departments that are focused on awarding green cards often offer to a certain extent a chance to add more materials to the application to support the positive decision. Nonetheless, like in the case of green card applications, applicants for nonimmigrant visas may also have their papers processed faster as they do get more than one opportunity to address any shortcomings that may be observed.
USCIS Denied Your Initial Visa Petition
Start Fresh
In case your initial petition has been denied by the USCIS, whether it is for a temporary worker (I-129), fiancé whose petitioner is a U.S citizen (I-129F), a relative to become a permanent U.S resident (I-130), or an immigrant worker (I-140), the best thing to do is to begin a fresh application and compile a new petition. When you initiated your application, even if you were lucky to get a lawyer to represent you, a fresh start is a better option in terms of time and expenses.
Rarely Used Appeal Process
The sample has confessed that there is an appeal process, nevertheless, it is rarely used since it is a complicated process and has low efficiency. Most of the time, it will be wiser to reapply for the permit with the right documentation and formulate a plan that is the cause of the denied application.
USCIS Denied Your Request to Adjust Status in the U.S.
If you’re in the U. S. and receive a USCIS notice stating that your adjustment of status (green card) application has been denied, follow these steps:
1. Review the Notice
To fully understand the reason for the denial, the applicant should study the USCIS denial notice carefully. The final section will briefly state whether or not you can appeal the decision and guidelines on how to do it provided an appeal can be made.
2. Explore Appeals
In most cases, there are no chances of appeal when a decision has been made and options for North American Integration have been denied. But if by law you are permitted, you can apply with the Administrative Appeals Office (AAO) for the case’s reconsideration. This is accompanied by a fee and a very strict filing that is often within a particular time of the day.
3. Motion to Reopen or Reconsider
If you were unfavorable then consider filing for a motion to reopen or reconsider. These motions mostly differ from appeals since one is handled by a USCIS officer who denied the application. In cases where you feel that the denial was based on incorrect reason, the motion to reconsider is appropriate, and on the other hand, the motion to reopen is appropriate when circumstances have changed or there are new facts.
4. Federal Court Lawsuit
In extraordinarily rare cases, you may wish to sue the federal court whose denial you are challenging. This is why legal advice should be sought out to analyze the possibilities of this option.
Potential Removal Proceedings
If you do not qualify for some reason to continue living in the U. S. after your application has been declined (for instance, pending political asylum or temporary working visa), you may be arrested and taken through immigration court. This is a chance to reapply for your green card before an immigration judge is an opening to try for a green card all over again before an immigration judge.
U.S. Consulate Denied Your Nonimmigrant Visa
For those applying for a nonimmigrant (temporary) visa at a U. S. consulate overseas:
1. Understand the Denial Reason
In the OHAND case, the consulate is required to give some reason for denying the visa. This reason should therefore be understood adequately to establish whether it can be dealt with or not.
2. Correct the Issue
At other times, it’s much more effective to simply identify and fix the problem that caused the denial in the first place. If they are messed up you can apply them once you correct them.
U.S. Consulate Denied Your Immigrant Visa
If you’re applying for an immigrant visa (U. S. lawful permanent residence) and it’s denied by the consulate:
1. Review the Denial Reason
Finally, the consulate will give details as to why you were rejected for an entry visa to the country in question. Some typical causes are missing documents in applications and documents that are left unsigned, among others.
2. Gather Required Documentation
You typically have one year to provide additional documentation to reverse the denial. Failure to satisfy the visa officer within this time frame results in application closure.
3. Consulate to USCIS Back-and-Forth
In some cases, the consulate may request USCIS to revoke the underlying petition for your visa application. Your goal is to persuade USCIS that the petition should not be revoked and that your case should return to the consulate for reevaluation.
Seek Congressional Assistance
If your case becomes exceptionally challenging or unjust, your U.S. sponsor can reach out to a local congressperson for assistance. Some congressional offices have staff dedicated to resolving immigration issues.
Never attempt multiple, inconsistent applications in a bid to secure approval. U.S. immigration authorities maintain a comprehensive record of your applications, making it essential to avoid any fraudulent or inconsistent attempts.
In conclusion, visa and green card denials can be stressful, but they are not necessarily the end of your immigration journey. Understanding your options and taking appropriate action can help you navigate this complex process effectively. Remember that each case is unique, and seeking legal guidance when facing denials is often the wisest choice.
