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What to Do If Your Green Card Application Has Been Denied  
Feb 03, 2025

What to Do If Your Green Card Application Has Been Denied  

Receiving a denial notice for your Green Card application can feel overwhelming and discouraging. At Villarrubia & Rosenberger, P.C., we understand how stressful this experience is and are here to guide you through your next steps. A denial doesn’t have to be the end of your immigration journey. By understanding why Green Card applications are denied and taking the proper steps, you can work toward a positive resolution.  

Common Reasons for Green Card Denials

Green Card applications are denied for a variety of reasons, including:

  • Incomplete or Incorrect Applications: Missing forms, incomplete sections, or inaccurate information can lead to rejection.  
  • Failure to Meet Eligibility Requirements: Applicants may not meet the specific requirements for their Green Card category, such as family-based or employment-based eligibility criteria.  
  • Insufficient Supporting Evidence: Missing documents like proof of relationship, financial support, or required identification can cause a denial.  
  • Discrepancies or Fraud: If there’s any inconsistency in your application or suspicions of false information, your case may be denied.  
  • Security or Health Concerns: Criminal history, prior immigration violations, or failure to meet medical criteria may also lead to a denial.  

Steps to Take After a Green Card Denial

If your Green Card application has been denied, don’t lose hope. Here’s what to do next:  

1. Carefully Review the Denial Notice – The first step is to carefully read the denial notice (Form I-797). This notice will explain the USCIS decision and outline the reasons for the denial. Look for specific errors or missing information mentioned.  

2. Understand Your Options  

  • Appeal the Denial: If you believe the decision was incorrect based on the evidence provided, you may file an appeal. Your denial notice should specify if this option is available. Appeals are typically handled through the Administrative Appeals Office (AAO) and must follow a strict timeline.  
  • File a Motion to Reopen or Reconsider: If new evidence has come to light or USCIS didn’t interpret your case correctly, you can file a motion to reconsider your application.  
  • Reapply: Sometimes, the most practical solution is to address the reasons for the denial and submit a new application. For example, if there were missing documents, you can ensure your new application is complete.  

3. Be Mindful of Deadlines – Many appeals or motions must be filed within 30 days of receiving the denial notice. Missing this deadline could affect your ability to challenge the decision.  

4. Gather Supporting Documentation – Review the evidence you submitted originally and gather any additional documentation that could strengthen your case. This might include proving financial stability or clarifying discrepancies in your application.  

How an Immigration Attorney Can Help

Navigating the appeals or reapplication process can be complex and time-sensitive. Working with an immigration attorney can make all the difference. At Villarrubia & Rosenberger, P.C., our team has over 15 years of experience in immigration law and a deep understanding of the challenges applicants face. We can help you by:

  • Reviewing your denial notice and identifying paths forward.  
  • Ensuring all forms and supporting documents meet USCIS requirements.  
  • Managing tight deadlines for filing motions or appeals.  
  • Representing you in front of immigration agencies if necessary.  

Moving Forward with Confidence

It’s normal to feel uncertain after receiving a Green Card denial, but you don’t have to handle this challenge alone. At Villarrubia & Rosenberger, P.C., we treat you like family, offering compassionate support and professional guidance to help you achieve your immigration goals. Contact our office today to schedule a consultation so we can help turn this setback into a successful path forward. 

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