The Process of Appealing a Green Card Denial

Permanent Resident Visa

If you’ve ever applied for a green card, you know how tedious the process can be. The journey to become a permanent resident of the United States is time-consuming and requires close attention to detail. Regardless of your eligibility and how much effort you put into your application, the United States Citizenship and Immigration Services (USCIS) may still deny your request.

There are a variety of reasons why your request may not be approved, much of which depends on the type of green card you requested. For example, if you applied for a Green Card through family, you may not be accepted because the court decided that your relationship wasn’t legitimate. A few other common reasons why your green card may be denied include:

  • Violating the terms of your immigration status
  • Having a criminal history that makes you ineligible
  • Submitting incomplete paperwork

Receiving a rejection letter can be devastating. If you’ve recently been in this situation, you may have thought about appealing their decision. Filing an appeal involves requesting a higher authority to review the decision. Here’s how to get started:

  • Determine Your Eligibility – The first thing you should do before filing an appeal is to find out if you are eligible and make sure you are within the given time frame to file. In most cases, you have 30 days from the date the decision was made, but there are certain circumstances where a shorter period applies. Because there are no extensions when it comes to the appeal process, it’s best to identify this information as soon as possible. Your eligibility and deadline will be stated in your denial letter.
  • File Appropriate Form – Most appeals are filed using Form I-290B, Notice of Appeal or Motion, but this may be different depending on the reason for your denial. This information will also be indicated on your notice, along with where you can submit your form.
  • Your Application Is Reviewed by the Original Officer – Once you submit your form, your case will be reviewed by the original officer who made the decision to deny your request. If he or she finds sufficient reason or new documentation to support reopening the case, they will forward it to at the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA).
  • Wait for the Decision – The AAO usually decides whether to grant you’re a green card within six months of receiving the complete case file. The process can take longer if more information is needed or the case is complicated and requires more attention.

Contact Our Gambacorta Law for Assistance Appealing a Green Card Denial

The process of appealing a green card denial can be stressful and confusing. Submitting incorrect paperwork or making a mistake that could have been prevented can lead to another rejection letter, or worse­­, deportation. To avoid unnecessary setbacks, contact the green card attorneys at The Gambacorta Law Office at (847) 443-9303 today.

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