It can shock a family when a green card or visa application has been denied. However, it is often not the end of the story. Decisions made by the United States Customs and Immigration Service are subject to review.
Even if you are not a citizen of the United States, you are still entitled to due process when you have applied for a visa or green card.
Contact an immigration law attorney to learn more about your legal rights and any possible appeal.
What to Do When Your Application for a Visa Is Denied
For whatever reason, the USCIS may deny your application for a visa. The application may be missing certain information, or the approval officer may think you are at risk of overstaying your visa.
You can request a reconsideration of a visa denial, but it often means that the same person who denied your application will be who considers your appeal.
Many people don’t like to admit they made a mistake, so they may not overturn their own decision. Further, there is no formal appeals process when they deny your visa application.
People with denied visa applications are sometimes better off reapplying for a visa at some point.
Your new application may address why the government previously denied your visa, putting you in a better position to get it this time. All it takes is writing a second check and a new application, and the government will consider your application from scratch.
You must inform USCIS of your visa denial history, and the officer may consider your prior record of applying for visas when you file a new application. Nevertheless, people who have applied for a visa several times may eventually obtain approval.
Discuss the best path following a denial with a skilled immigration lawyer.
What to Do When Your Application for a Green Card Is Denied
The amount of due process you receive for a green card denial depends on the circumstances of your case.
Sometimes, you may file an administrative appeal with a third party who did not make the initial decision. In other cases, you need to file a request for reconsideration, where the initial decision maker will revisit their decision based on what you are saying was incorrect.
You must file an appeal request within 30 days of receiving the initial denial. Green card appeals are not cheap - it costs $675 to file a request for an appeal, but it is the only way you may still qualify for a green card when the government denies your application.
Since you must pay steep fees, you want to put your best case forward in your appeal with representation from a highly skilled immigration lawyer.
Put Your Best Foot Forward with a Green Card Application
It is important to submit the strongest possible application for a green card at first because you are not allowed to introduce any new evidence in your appeal.
The hearing officer will only consider information from your initial application. You cannot present new facts or evidence at the appellate stage; you can only argue the immigration official made an error in their decision, based on your initial application.
If new facts have come to light, you can file a request to reopen your case and add information to your application - not to the appeal file.
You also have a relatively high standard to have your green card denial overturned. The legal standard you must meet is showing that the initial officer made a clear error when rejecting your application. They may have misapplied the laws, incorrectly evaluated evidence, or failed to follow correct procedures.
In other words, any appellate body will not take a fresh look at the merits of your case. In fact, they may give some deference to the initial decision, and it is up to you to show why it was incorrect.
Although you do not have to include a brief with your request for an appeal, it is in your interest to do so. Here, you can explain exactly why you think your application was wrongfully denied.
If you do not include any further detail, the appellate officer may simply adopt the initial decision against you. You need an immigration attorney to draft a thorough brief outlining these reasons in an appellate brief for you.
It is difficult to say whether your own individual appeal has a sound chance of success. Some types of green cards are easier to get than others. The USCIS has stricter standards for certain types of green card applications than others.
Much depends on the type of green card you are applying for and the level of due process you may receive. It certainly does not hurt to seek reconsideration of a wrongful decision, and you should always discuss this option with an immigration lawyer immediately.
Why You Need Help from an Immigration Attorney
Since obtaining a robust review of a visa or green card denial can be difficult, you may want to consider hiring an immigration lawyer early in the process when you apply.
An immigration attorney can handle the process and help you put your best foot forward, hopefully increasing the chances that your initial application will be approved.
If your visa or green card application has been denied, consult an immigration lawyer to learn more about your legal rights and whether and how you can appeal.
You certainly will not have a denial overturned by either doing nothing or submitting a bare-bones request for reconsideration. An immigration lawyer can give you trusted advice about the next steps that you can take, and they can continue to represent you in the legal process.
Make a worthwhile investment for you and your family to learn more about the immigration process and what may give you the best chances of success. The best way to succeed in an immigration appeal is to not have to file one in the first place.