Green Card Denied Can I Apply Again
If U.Due south. Citizenship and Immigration Services (USCIS) or the consulate denies an application, your response volition depend on what y'all are applying for and where you are—in the U.Southward. or overseas.
First, a word of reassurance to anyone applying for a visa, green menu, or other U.S. clearing benefit: Although the government agencies that deal with these matters are forced to make quick decisions in the case of many temporary visa applications, when it comes to permanent residence (besides called immigrant visa or green menu), they will oft give y'all more than one take a chance to supplement your application and make it worthy of approval.
If U.S. Citizenship and Immigration Services (USCIS) or the consulate nevertheless denies an application, your response will depend on what you are applying for and where you are—in the U.S. or overseas. We'll encompass some of the nigh common scenarios below.
Run into AN EXPERT
If your visa or light-green card has been denied, think about getting a lawyer. This advice is particularly important if the deprival was due to something more serious than a bureaucratic mistake or a lack of documentation on your role. You volition definitely need a lawyer for the complicated procedures mentioned below, including removal proceedings and motions to reopen or reconsider.
USCIS Denial of Initial Petition
If USCIS denies the initial petition filed on your behalf; for example, a Course 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), the best thing is usually to start over and file a new one. This is true even if a lawyer is helping you.
There is an entreatment procedure, only hardly anyone ever uses it. You are probable to spend less time starting over, and the fee is about the same. Too, no government bureau likes to admit it was wrong, and then there is a tactical advantage to getting a fresh starting time.
Denial of Light-green Card Afterward Applying to Adjust Status in the U.S.
If you are applying for adjustment of status (a green card) in the U.S. and receive a USCIS detect telling you that your awarding has been denied, read the notice carefully. I of the things USCIS will tell yous is whether you can appeal the denial, and if and then, how.
In most situations, there is no entreatment afterwards a denial. If the law allows you to appeal, you tin can ask USCIS'southward Authoritative Appeals Office (AAO) to expect at your example and see whether the USCIS officer wrongly denied your green carte du jour. At that place will be a fee and a borderline for filing the appeal—don't miss it.
If you're not allowed to entreatment, you can do the next best thing: file a motion to have your case reopened or reconsidered. These motions are dissimilar than an appeal because you lot're basically asking the same person who denied your awarding to change his or her mind—your case is non transferred to the AAO. A movement to reconsider is what yous file when you call back the officer denied you for a wrong reason. You file a motion to reopen when the situation has changed or new facts have come to light since the officer fabricated the decision denying your dark-green card.
In the rare instance, you lot might need to file a carve up suit in federal court challenging the deprival. You would demand the aid of an attorney to determine whether that'south even possible.
If you accept no other legal right to be in the U.S. when the application is denied (such every bit a pending political asylum application or a temporary work visa), you lot are likely to exist placed into removal proceedings in immigration court. There, you volition have the opportunity to renew your dark-green card application earlier an immigration judge.
CAUTION
Never ignore a observe to announced in immigration court. Attorneys regularly receive questions from immigrants who were scheduled for a hearing in immigration court and either forgot, couldn't make information technology, or just hoped the problem would go away. Declining to appear for a court date is the worst thing you can do to your hopes of immigrating. It will likely earn you an automated, in absentia social club of removal (deportation), which means that U.S. Immigration and Customs Enforcement (ICE) can pick you upward and send you home anytime, with no more hearings.
You will also exist hit with a ten-twelvemonth prohibition on returning to the U.S. and further punishments if you return without inspection (illegally).
Deprival of Nonimmigrant (Temporary) Visa at U.South. Consulate
If yous are applying for a nonimmigrant visa through a consulate overseas, you lot have no entreatment after a deprival. The consulate is at least required to tell you lot the reason for the denial. Ofttimes, the fastest thing is to fix the problem (if possible) and reapply.
Too encounter My U.Due south. Tourist Visa Was Refused: Should I Reapply?, Steps to Take Following Denial of a B-i or B-ii Visa, and What to Do If Your Student Visa Is Denied.
Denial of Immigrant Visa at U.South. Consulate
If you are applying for an immigrant visa (lawful permanent residence) and get denied, the consulate will tell you lot why. A mutual reason for denial is that your application was incomplete and that further documentation is required to make a favorable decision. So the deprival is not permanent—y'all'll have one year to provide information aimed at reversing the denial. If a yr goes by and y'all can't satisfy the visa officer with the necessary proof, your application will exist closed and yous must kickoff all over again. At that place is no appeal from the denial or the closure.
Sometimes people do not get their visas right away, but it'south not because of a denial. Rather, information technology'south considering something—ofttimes a security check—is preventing the visa officer from making a decision. This is "administrative processing," and information technology's a frustrating matter for the visa applicant. If it happens to you, you lot won't be told why your case is in administrative processing, or how long it might take. You lot will just have to be patient.
If the consulate denies an immigrant visa, in some circumstances it sends the instance back to USCIS, request it to revoke the petition on which the visa application was based. Your goal in this situation is start to satisfy USCIS that the petition should not be revoked (commonly with additional proof), and that it should ship the petition dorsum to the consulate so you can become some other interview. Then you're going to take to convince a skeptical visa officer to give you the visa. If this happens, exist prepared for it to take years to resolve your case—the dorsum-and-forth between the consulate and USCIS is not quick.
If your case turns into a true bureaucratic nightmare or a miscarriage of justice, your U.S. sponsor tin can enquire a local congressperson for help. Some of them have a staff person dedicated to helping constituents who accept immigration bug. A uncomplicated inquiry past a congressperson can stop months of USCIS or consular stonewalling or inaction. In rare cases, the congressperson's function might exist willing to put actual pressure on USCIS or the consular office.
CAUTION
Don't attempt multiple, inconsistent applications. The U.South. government keeps a record of all your applications and will be happy to remind you of any past fraud or other reasons for inadmissibility. (Irresolute your name won't piece of work—past the end of the application process, the immigration authorities will have your fingerprints.)
Source: https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter15-11.html
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