How To Appeal If Your Green Card Application Gets Denied

Whether your permanent residency or Green Card application has already been denied or you simply want to find out what your options are if your application gets denied, continue reading to discover how to appeal the decision of your nearest US consulate or embassy. As in some cases, you may be able to reverse their decision. Especially if you’re able to provide your consulate, embassy, or the United States Citizenship and Immigration Services with extra information, which supports your application.

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How To Appeal If Green Card Application Gets Denied

Find Out The Specific Reason Why Your Green Card Was Denied

If you were informed that your application was unsuccessful by your nearest US consulate or embassy, they should have provided you with clear reasons why your application was denied. For example, they may tell you that you failed to fill out a section of your application or that you will need to submit additional evidence to support your application. In these circumstances, you won’t have to appeal your application immediately as you’ll have up to 1 full year to complete your application in full or to provide supplementary evidence to support your petition.

However, once a full year has passed, you won’t have an opportunity to reverse your denial and your case will be closed. If you find yourself in this unfortunate circumstance, you’ll need to start your residency process from the very beginning.

What To Do If Your Petition Is Sent Back To The USCIS

Sometimes a US consulate or embassy may deny your visa and may choose to send your petition back to the United States Citizenship and Immigration Services, which is better known as the USCIS. If this happens to you, the consulate or embassy which you dealt with will ask the USCIS to revoke your petition. If this happens, you will have the opportunity to appeal and convince the USCIS to uphold your petition and to send it back to the consulate or embassy that you have been dealing with. In this scenario, it’s a wise idea to provide the USCIS with additional proof of your eligibility for a green card.

As an example, if you apply for a K1 fiance visa and your application is sent back to the USCIS, you may be able to convince your USCIS agent that you’re eligible for a residency visa by providing letters of reference from individuals that know you and your fiance as a committed couple. Or you may want to submit transcripts of your online correspondence or text messages as evidence of the legitimacy of your relationship. If you are able to convince your USCIS agent that your application should not be revoked, you’ll earn yourself another interview with a representative of your US embassy or consulate.

Unfortunately, it can take years for your case to be resolved and to earn your green card if your consulate or embassy decides to send your application back to the USCIS. For this reason, it’s wise to double-check your application before you submit it the first time and to provide as much evidence as possible to support your case.

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Get Legal Counsel Before Submitting A Green Card Application

Do Not Lie On Subsequent Application Forms

If you fail in your efforts to appeal the decision of your US consulate or embassy, as mentioned previously you’ll need to submit a brand new application if you still intend to apply for permanent residency in the United States.

If you end up taking this route, don’t bother trying to change the information which you provide, such as your name, as the USCIS keeps databases of all visa submissions, including failed applications. So the USCIS agent who deals with your new application is likely to discover the inconsistencies between your multiple applications and your new submission will be swiftly denied.

Also, keep in mind that if you proceed further in your second petition, the USCIS will take your fingerprints, so there is no way of successfully lying about your identity. So it pays to be 100% honest with the information which you provide, in order to increase your chances of having your petition approved.

Consider Getting Your Sponsor To Ask For Assistance

Depending on which type of green card you apply for, your sponsor may be your fiance, your spouse, a parent, a sibling, or a future employer. If your visa is denied by your consulate or embassy or you’re waiting for your appeal to be considered, you can consider getting your sponsor to contact their local member of congress for assistance. As in some circumstances, members of congress are able to put pressure on the USCIS to fast-track your case.

So if you’ve been waiting for an outcome for over a year, it’s well worth asking your sponsor to get in contact with their local member of congress. Especially as many members of congress have a dedicated member of their staff, who can help sponsors with their immigration issues.

Do Not Assume That Your Visa Has Been Denied If there Is No Early Reply From The Embassy

Many individuals assume that their visa has been declined, just because they haven’t heard back from their chosen consulate or embassy. However, it’s important to keep in mind, that a certain number of applications are chosen to go through additional security checks each year. This is to ensure that individual agents aren’t deciding whether visas are denied or approved based on their own whims and that the process is fair for all candidates. If you’re unsure about the status of your case, you can get in touch with your consulate or embassy, using your assigned case number, to clarify the status of your petition.

In Conclusion

So if you are disheartened as a result of receiving disappointing news from your local consulate or embassy, remember that you have a full 12 months to provide any additional information or supporting evidence that has been requested. Alternatively, if your consulate or embassy has sent your application to the USCIS, you’ll have an opportunity to convince your USCIS agent that the embassy or consulate that you dealt with made a mistake.

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