What Can I Do If My Immigration Case Is Denied?
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The Importance In A Denied Immigration Case
Applying for an immigration case is not an easy thing to do. Although at times it may seem that when carrying out an immigration procedure, the most important thing is the documents, the strategy that should be chosen to follow is also a decisive step to obtain an optimal result in an immigration case.
There are many reasons why an immigration case may be denied.
Several studies have found that in recent years the rate of denied immigration cases has increased slightly, even when the applicants met the requirements.
Whatever the reason for the denial of the immigration case, the consequences are serious and in some cases, we could face deportation proceedings.
If My Immigration Case Was Denied Should I Reapply?
Before thinking about reapplying for an immigration case, it’s very important to be aware of all the facts that occurred during that process.
Normally, if a person wants to appeal an immigration case, it is because immigration made the wrong decision and therefore it must be argued that it is not the immigrant’s fault for that decision, so it is requested that the immigration case be reconsidered or reopened.
If not, or if for some reason you are not eligible, then you must start over.
In general terms, the situation depends on whether or not you should reapply, because for each immigration case, there is a specific history accompanied by a different process.
Is It Important To Talk To An Immigration Attorney If My Immigration Case Is Denied?
It is imperative to speak with experienced immigration attorneys as they know exactly what the immigration agency expects in each case and what evidence they want to see.
Another reason why it’s important to speak with an immigration attorney is that to begin the appeal process, not only must the relevant requirements be met, but the time frame is only 30 days.
The attorney has 30 days to appeal the applicant’s immigration case, and if it is not started within that time frame, the case will have to be started over and this time with more evidence requested by USCIS.
Reasons Why Immigration May Deny Your Immigration Case
It does not take many mistakes for USCIS to deny an immigration application.
They can deny a request for only one reason. After all, they will decide not to see the rest of the package because they can automatically deny it.
To start an immigration case it is very important to take into account any details or resources that may serve as evidence to avoid USCIS denying your case without providing useful information on what was missing.
Is It A Good Idea To Appeal A Denied Decision In An Immigration Case?
If you want to appeal your immigration case, it is possible, but you must be aware of the whole process involved.
This new application is based on a completely different storyline, so you have to start from scratch.
The benefit of starting your immigration case over is having the opportunity to have a legal professional who knows how to avoid any possible mistakes in your case and avoid having it denied at all costs.
The appeal is the beginning for the immigrant to receive the final result they want in their immigration case.
Can I Be Deported If My Immigration Case Is Denied?
Generally, being deported is not common since the immigrant applicant is starting an immigration case to obtain some benefit, such as residency or a Work Permit.
The immigration agency is completely independent of the agency that handles deportation orders, which is the Office of Detention and Removal (ICE).
It is important to know that when a person’s immigration case is denied, it automatically reverts to the status they had before applying, which can put the immigrant at risk of deportation.
It should be noted that this process is not automatic, and even if it is, the deportation is carried out in an instant, the person will have a hearing before a judge and will be able to apply for proceedings before the immigration court.
What Are The Most Common Reasons For USCIS Denying Immigration Cases?
These reasons are subject to vary in each immigration case, but one thing that all applications have in common is the package that is sent to immigration.
If there are no signatures or translations in the package, if you did not pay the fee, and if you did not fill out the application correctly, there is a risk that your petition will be denied faster.
There are times when USCIS sends a written request for more information, and if the immigrant does not respond and allows that time to pass, that can also be a cause for a case to be denied.
A very common reason is that the immigrant tries to start their immigration case without legal advice or representation and tries to gather the requirements by surfing the internet, but the details are what plays an important role in the denial of the case.
Why Can A Green Card Be Denied?
The resident card, better known as Green Card, can be denied for many reasons.
Green Cards can be denied mostly due to eligibility issues.
If the applicant is ineligible, this can usually be because they have a criminal record or has committed an immigration crime.
Your Green Card can also be denied for lack of evidence, for example, if the immigrant has a bona fide marriage but did not demonstrate with sufficient evidence the bona fides of that marriage, it may be considered fraud.
What Crime Can Deny Me a Green Card?
It depends on each type of application the immigrant is applying for because not all crimes are grounds for application problems.
Generally, what is already very difficult to forgive is if a person has been in the United States for a long time and has many entries without papers, i.e. illegal entries.
This can cause a permanent bar which is a severe punishment in the immigration world.
Because of this risk, it is important to know in detail about each of the individual’s entries and how long he or she was in the United States without permission.
These may be grounds for not being currently eligible for a Green Card, and normally the immigrant has to wait 10 years outside the country before being able to apply for an immigration case.
Are There Any Diseases That May Deny A Green Card?
Yes, this part of immigration has been written into the laws for a long time and never changed.
You have to think carefully about what a residency is for or what the immigration laws are for, they were made to decide who can and cannot enter the United States.
Based on that, public health is very important to determine if the immigrant can enter and if they will not cause problems in society with their health.
This applies to very severe and contagious diseases such as cholera or tuberculosis.
It also applies to someone with a mental disorder where they may pose a danger to themselves or society.
How Can An Appeal Be Filed?
Appeals are handled by immigration attorneys, as the appeal depends on where your case is.
If your immigration case is with immigration, it would be conducted with the United States Citizenship and Immigration Services (USCIS), with the execution of a special form that must be submitted within 30 days of the person receiving the denial.
If it exceeds 30 days, there are usually exceptions depending on what happened during that time.
If the case is through the immigration court and it depends on the judge’s decision, you can also appeal but it would be in a different way, you would be sending that decision to three different judges who will be in charge of reviewing what happened the first time.
Instructions on how to appeal are included in the denial letter of your immigration case.
Can Humanitarian Cases Be Denied?
Any type of immigration case can be denied, including humanitarian cases such as VAWA, U Visa, T Visa, Asylum, or Refugee.
A very special case of appeal is that of Asylum. If a person applies for asylum with USCIS and is denied, they will automatically go to immigration court, so there is no appeal, but this only happens with asylum cases.
They often deny this type of case because the person does not have strong enough evidence to prove all the elements in their immigration case.
In the Asylum, there are approximately 8 to 10 items that each individual has to check to obtain their Asylum case.
For the rest of the humanitarian cases, they are usually denied because the immigrant did not present sufficient evidence to show that he or she was eligible for the benefit.
If you have additional questions about your immigration case, or your specific case, you may contact us at (855) 502-0555. After a brief 10-minute evaluation of your case over the phone, we will let you know what options you have. You can also follow us on our social networks so you don’t miss our weekly broadcasts on Facebook, YouTube and Twitch.
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