Green Card Denial: Steps to Take and How to Reapply

A green card is important in achieving permanent residency in the United States, offering individuals and families the chance to live and work there legally. However, not every application is approved on the first try. Denials can happen for various reasons, from simple paperwork mistakes to more complex legal or eligibility issues.

If your green card application has been denied, it’s important to remember that this is not the end. By understanding the reasons for the denial and taking thoughtful action, you can put yourself back on track.

Common I-485 Rejection Reasons

Form I-485, which is used to apply for a green card through adjustment of status, is one of the most important steps in the process. Unfortunately, it’s also one of the forms that frequently gets rejected. Knowing the common I-485 rejection reasons can help applicants avoid making the same mistakes.

Here are some of the most common causes of denial:

• Missing or incomplete forms: For example, forgetting to sign your application, leaving sections blank, or providing unclear answers can result in rejection.

• Ineligibility for adjustment of status: Not everyone qualifies for a green card through adjustment of status. For instance, if an applicant overstays their visa or lacks a current priority date, USCIS may deny the application.

• Improper payment of fees: USCIS has strict rules for handling payments. Submitting the wrong amount or using an unapproved payment method can result in a rejection.

• Failure to provide supporting evidence: Missing critical documents—such as financial affidavits, medical exams, or proof of identity—can lead to delays or outright denial.

Understanding why an application was rejected is the first step toward resolving the issue.

Read and Understand Your Denial Notice

If USCIS denies your green card application, they will send you an official denial letter, often called a Notice of Action Form. This notice outlines the specific reasons why your application was rejected, and it’s essential to review it carefully.

Sometimes, the issue is as simple as an overlooked signature. Other times, it can be more complex, such as failing to meet certain immigration law standards.

Please take the time to read every detail of this letter carefully. Although it might feel frustrating or overwhelming, the information in the notice is key to understanding your next steps.

Determine Your Options After Denial

After receiving a green card denial, you have a few potential paths forward. The right option depends on the reason for the denial and your specific circumstances.

File an Appeal or Motion to Reopen/Reconsider

Not all denials are final. You can file an appeal or a motion if you believe USCIS made an error or that new information could change their decision.

• Appeals require a review of the denial by a higher authority, such as the Administrative Appeals Office (AAO).

• Motions to Reopen or Reconsider: A motion to reopen asks USCIS to review your case because new evidence has become available. A motion to reconsider requests a review because you believe there was a legal or procedural error in the decision.

Remember that appeals and motions must typically be filed within 30 days of receiving the denial notice.

Reapply for a Green Card

You may decide to reapply if your denial was based on correctable mistakes—such as missing forms, incomplete applications, or changing circumstances.

Seek Legal Options for Waivers

In cases where inadmissibility issues, such as unlawful presence or criminal records, caused the denial, applying for a waiver may be the best solution. Waivers can provide exceptions for specific situations, allowing applicants to continue with the immigration process despite prior issues.

Each path has unique requirements and timelines. Consulting a green card attorney can help you choose the right action for your situation.

Steps to Take Before Reapplying

If you choose to reapply for your green card, here are steps to take to ensure your next application is stronger:

• Identify and fix past mistakes: Review your denial notice and correct any errors from your prior application, such as missing forms, insufficient evidence, or misunderstandings about eligibility.

• Gather additional evidence: Ensure all required financial, medical, and identity documents are included in your new application.

• Meet eligibility requirements: Double-check that you meet all criteria for adjustment of status, such as having a valid visa or a current priority date.

• Seek professional assistance: A green card attorney can help review your application, ensure it complies with USCIS requirements, and address potential issues before submission.

Taking these steps can help prevent another rejection and make your application process smoother.

Filing a Motion to Reopen or Reconsider

Applicants who believe their denial was due to a mistake or missing evidence can challenge the decision by filing a motion. The process begins with submitting a Notice of Appeal or Motion Form.

Your motion must provide a strong justification, such as:

• New evidence that wasn’t available during the original filing.

• Proof that a legal or procedural error occurred in USCIS’s decision.

For example, if your application was denied because USCIS didn’t receive a required form (even though you submitted it), you could file a motion to reconsider and provide proof that the form was sent. A green card attorney can strengthen your case by preparing a comprehensive argument and including all necessary documentation.

Avoiding Green Card Denial in the Future

Receiving a green card denial can be discouraging, but it does not mean the journey is over. By understanding the reasons for rejection and taking the proper steps—whether filing a motion, reapplying, or seeking waivers—applicants can still achieve their goal of permanent residency.

The help of a qualified green card attorney can make a significant difference by providing expert guidance and ensuring every step is handled correctly. With determination and support, obtaining a green card is still within reach.

Contact Information:

Spektor, Spektor & Berman, P.C.

299 Broadway #1020
New York, NY 10007
United States

Yakov Spektor
(646) 846-7782
https://spektorlawgroup.com/