A green card can be denied by USCIS and it might worry you, but there are still other paths to explore for your immigration process. Often, you may be allowed to reapply or appeal if you are denied for a particular reason. Here’s some information and directions on what you can do.
Step 1: Understand Why Your Green Card Was Denied
Before filing an appeal, carefully review the denial notice (Form I-797 or USCIS decision letter). Common reasons for denial include:
1. Incomplete application or missing documents
2. Ineligibility (e.g., unlawful status, prior deportation, criminal record)
3. Failure to prove a bona fide relationship (for marriage-based green cards)
4. Insufficient financial support (I-864 Affidavit of Support)
5. Security or medical grounds
Understanding the specific reason is key to determining whether an appeal or a motion to reopen is appropriate.
Step 2: Check If the Denial Can Be Appealed
Not all USCIS decisions are appealable. Here’s a breakdown:
1. Form I-130 (Petition for Alien Relative): Can usually be appealed to the Board of Immigration Appeals (BIA).
2. Form I-485 (Adjustment of Status): Typically cannot be appealed, but you can file a Motion to Reopen or Reconsider using Form I-290B.
Important: If your application was denied during an interview, and you are placed in removal (deportation) proceedings, you may be able to reapply for a green card before an immigration judge.
Step 3: File Form I-290B
If you are eligible to proceed, use Form I-290B — Notice of Appeal or Motion. This form lets you:
1. Appeal a USCIS decision
2. Request to reopen the case with new evidence
3. Request reconsideration based on a legal error
Key Details:
1. Filing deadline: Typically within 30 days of the decision (33 days if mailed)
2. Filing fee: $675 (as of 2025)
3. Where to file: Address listed on your denial notice
Step 4: Prepare a Strong Legal Brief
A successful appeal or motion must be well-documented. Consider including:
1. A cover letter explaining your case
2. A copy of the denial notice
3. Legal arguments and citations
4. New evidence, if applicable (for Motions to Reopen)
5. Personal declarations or affidavits
6. Updated or missing documents
Step 5: Consider Legal Help
Green card appeals can be complex. Consulting an experienced immigration attorney can significantly improve your chances. They can help:
1. Analyse your denial
2. Prepare a compelling legal argument
3. Represent you before USCIS or immigration court
What Happens After Filing?
1. USCIS will review the I-290B and either approve the motion, forward the appeal to the AAO (Administrative Appeals Office), or reject it.
2. Appeals may take several months to over a year, depending on the case.
Visit https://helpingreencard.com/ for the most recent information, assistance, or more thorough instructions on how to apply for a green card outside of the United States. We are available to assist you at every stage.
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