Learning that the United States Citizenship and Immigration Services (USCIS) has denied your green card application can feel like a life-derailing setback. If that happens, you’ll likely wonder, If my green card is denied, can I apply again? In short, yes, you can usually reapply. However, whether you should—or even need to reapply to get your green card—depends on the circumstances.
The lawyers at EMP Law can identify your options so you can understand your best path forward. We can help you correct errors in your application, appeal your denial, or reapply, depending on what makes sense for you. Contact us to discuss how we can help.
Please fill out our online form or call (336) 724-2828 today to learn how our immigration lawyers can assist you.
Why Might Your Green Card Application Be Denied?
What happens if a green card is denied depends on the reason for the denial. So, why does USCIS deny green card applications?
Incomplete or Inaccurate Application
To get a green card, you have to convince USCIS that you are eligible. USCIS may deny applications that do not provide enough information because they are incomplete or inaccurate.
Ineligibility
USCIS may conclude that, based on your information, you are ineligible. You may be ineligible for two common reasons. You might not meet the green card requirements, or circumstances might render you inadmissible.
Being inadmissible means you have some characteristic that, based on immigration law, means you cannot enter the U.S. You may be inadmissible if you:
- Have certain diseases or disorders;
- Admit to committing or have been convicted of certain crimes;
- Present a threat to national security;
- Are a member of a totalitarian political party or group;
- Are likely to become a public charge (i.e., you have to rely on government benefits programs to survive);
- Have violated immigration law; or
- Have lied to the U.S. government.
When you are denied based on inadmissibility, USCIS explains what details in your application led it to conclude you are inadmissible. These explanations can be dense, but your lawyer can translate the legalese.
USCIS Error
Sometimes, the USCIS denies green cards because the officer reviewing the application made an error. USCIS may overlook evidence, misinterpret information, or even willfully ignore information.
What Happens If Your Green Card Application Is Denied?
What happens if your green card application is denied depends primarily on the following:
- The reasons for the denial,
- Where you reside, and
- Your current legal status.
After denying your application, the government may:
- Give you a chance to fix it,
- Do nothing, or
- Initiate removal (deportation) proceedings.
The government typically offers a chance to fix your application only if it is incomplete. If you are outside the U.S. or have other lawful status, the government is likely to do nothing—unless you are inadmissible. If you are in the U.S. but are inadmissible, the government may initiate removal (deportation) proceedings against you.
How Can You Respond to a Green Card Denial?
After having your green card denied, what is next? Broadly, you can:
- Continue your current application,
- Try again, or
- Decide not to try again.
Regardless of what you do, you can defend yourself if you were placed in removal proceedings.
Complete Your Application
If your application was incomplete, provide the missing details. You may not even have to pay to reapply.
Appealing, Reopening, or Reconsidering the Case
You may try to get your existing application approved by appealing or filing a motion to reopen or reconsider your case. The proper option depends on the circumstances.
Specifically, you should file each in the following contexts:
- Motion to Reopen—you have discovered new facts or new events have occurred that might change USCIS’s denial decision;
- Motion to Reconsider—USCIS misinterpreted or misapplied legal requirements; and
- Appeal: USCIS misinterpreted or misapplied legal requirements, misinterpreted or misapplied the facts or evidence you presented, or otherwise denied your application for illegitimate reasons.
Usually, you file a Motion to Reopen, a Motion to Reconsider, or an appeal by submitting Form I-290B, Notice of Appeal or Motion, to USCIS. In family-based applications, you instead file Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals with the U.S. Department of Justice’s Board of Immigration Appeals (BIA).
Reapply
Usually, if your green card is denied, you can apply again. Whether you should depends on the following:
- Whether you want to reapply,
- If you can afford to pay a second set of fees, and
- The reason you were denied.
You reapply by completing the same application process.
Before you reapply, fix or at least attempt to fix issues with your previous application. Fixing what was wrong with your application frequently means asking USCIS to waive the reasons it denied your application. If you were denied because you were previously deported or entered the U.S. without legal status two or more times, you may need to request permission to reapply along with the waiver.
Wait (or Do Nothing)
You may choose to wait until the issues with your application are no longer issues, especially if you have other status allowing you to live and work in the U.S. Or if you no longer want the green card, you can do nothing.
Responding to Green Card Denial
Navigating a green card denial is challenging, especially without someone to interpret USCIS’s legalese. EMP Law can explain your options, help you decide what to do, and guide you through responding to the denial, including defending against deportation if necessary.
Resources:
U.S. Department of State, Visa Denials, link.
USCIS, I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, link.
USCIS, I-290B, Notice of Appeal or Motion, link.
USCIS, I-601, Application for Waiver of Grounds of Inadmissibility, link
USCIS, I-601A, Application for Provisional Unlawful Presence Waiver, link.
USCIS, Unlawful Presence and Inadmissibility, link.
USCIS, Policy Manual: Chapter 4 – Waiver Eligibility and Evidence, link.
USCIS, Questions and Answers: Appeals and Motions, link.
USCIS, AAO Practice Manual: Chapter 3. Appeals, link.
USCIS, AAO Practice Manual, Chapter 4. Motions to Reopen and Reconsider, link.
USCIS, Green Card Eligibility Categories, link.
U.S. Department of Justice, Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals, link.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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