What to Do if Your Green Card Application is Denied

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Facing a green card denial can be daunting, but it doesn't have to mark the end of your immigration journey. Understanding the reasons behind the denial and exploring options for appeals or reapplications can help you regain your path to lawful permanent residency. If you need assistance, consider consulting an experienced immigration attorney near you to navigate the process effectively.

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Learn what to do if your green card application is denied, including understanding common reasons for denial, available options to appeal or reapply, and steps to take next. Seek expert guidance from an immigration attorney near you to navigate the process effectively and secure your lawful permanent residency.

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Illustration of a person looking at a "Green Card Denied" notice with signs labeled "Reapply" and "Appeal," symbolizing options for addressing a green card denial in the U.S.

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Feb 25, 2025 09:00 PM

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What to Do if Your Green Card Application is Denied

Step 1: Understand Why Your Green Card Was Denied

1. Ineligibility for the Green Card Category Applied For

• If you applied under the wrong green card category, USCIS may reject your application.

• This can happen in employment-based or family-based green card cases if you do not meet the required qualifications.

2. Failure to Provide Sufficient Evidence

• Missing or incomplete documents, such as:
• Birth certificates, marriage certificates, or financial support affidavits.
• Proof of a bona fide marriage (for marriage-based green cards).
• Employment verification documents (for work-based green cards).

• Insufficient proof of a legitimate family relationship or job offer.

3. Financial Sponsorship Issues (Public Charge Rule)

• If the petitioner (sponsor) cannot prove financial ability, the application may be denied.

• To fix this, you may need a joint sponsor who meets the income requirements.

4. Inadmissibility Due to Criminal Record or Immigration Violations

• A history of certain criminal convictions, immigration fraud, or security concerns can lead to denial.

• Overstaying a visa or unlawful presence in the U.S. can also impact your application.

5. Medical Inadmissibility

• If you failed the medical exam or refused required vaccinations, your application may be denied.

• Some medical conditions, such as communicable diseases or lack of required vaccines, can cause denial.

6. Visa Overstays and Unlawful Presence

• If you overstayed your visa or worked illegally while in the U.S., USCIS may reject your application.

• In some cases, a waiver of inadmissibility can help overcome this issue.

Step 2: Review Your USCIS Denial Notice (Form I-797)

• The reason for the denial.

• Whether the decision is final or if you can file an appeal or motion.

• The deadline to respond (usually 30 days from the denial notice).

Step 3: Determine Your Next Steps

Option 1: File a Motion to Reopen or Reconsider (If Eligible)

• Form I-290B (Notice of Appeal or Motion) within 30 days of denial.

• A Motion to Reopen (if new evidence is available).

• A Motion to Reconsider (if you believe USCIS misapplied the law).

Option 2: Reapply for the Green Card

• Make sure to fix any errors and provide stronger supporting documents.

• If your financial sponsor was rejected, consider using a joint sponsor.

Option 3: Appeal to the Administrative Appeals Office (AAO) or Board of Immigration Appeals (BIA)

• If USCIS allows appeals, you can file a Form I-290B for review by the Administrative Appeals Office (AAO).

• If denied based on family-based immigration, you may need to appeal to the Board of Immigration Appeals (BIA).

Option 4: Apply for a Waiver of Inadmissibility (If Required)

• Form I-601 (Waiver of Grounds of Inadmissibility) – For criminal, fraud, or medical-related issues.

• Form I-601A (Provisional Unlawful Presence Waiver) – For visa overstays.

• If approved, you can reapply for a green card.

Option 5: Seek Legal Help or Consult an Immigration Attorney

• Evaluate why you were denied.

• Determine if you should appeal or reapply.

• Help file a waiver request if inadmissibility is the issue.

Step 4: Avoid Common Mistakes When Reapplying

1. Submit a Stronger Application

• Provide complete documentation.

• If applying through marriage, include proof of a bona fide relationship (joint bills, travel records, photos).

• If applying for employment-based sponsorship, ensure the job offer is valid and meets visa requirements.

2. Ensure Financial Sponsorship Meets Requirements

• The sponsor must file Form I-864 (Affidavit of Support) showing they meet income requirements.

• If the sponsor does not meet income limits, find a joint sponsor.

3. Correct Any Legal or Inadmissibility Issues

• If you overstayed a visa, you may need a waiver of inadmissibility.

• If a criminal record caused denial, consult an immigration attorney about filing a waiver.

4. Double-Check Forms and Supporting Documents

• Incorrect forms, missing signatures, or outdated information can cause automatic rejection.

Step 5: Prevent Future Green Card Denials

1. Prepare for Your Green Card Interview

• Attend all USCIS interviews on time.

• Bring original documents and extra copies of all required forms.

• If applying through marriage, ensure both spouses know key details about each other.

2. Keep Copies of All Submissions

• Always save copies of your green card applications, receipts, and USCIS notices.

3. Stay Updated on Immigration Policies

• U.S. immigration laws change frequently. Work with an immigration attorney to stay informed.

Frequently Asked Questions (FAQs)

Can I Stay in the U.S. After My Green Card Is Denied?

• It depends on your current visa status.

• If you are out of status, USCIS may initiate removal proceedings.

• If you are still in valid visa status, you may be able to reapply or change status.

Can I Work While Reapplying for a Green Card?

• If your employment authorization (EAD) is still valid, you can continue working.

• If you reapply for adjustment of status, you may request new work authorization.

What If My Green Card Denial Leads to Deportation?

• If USCIS places you in removal proceedings, you can fight deportation in Immigration Court.

• An immigration attorney can help file a waiver, reapplication, or cancellation of removal request.

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