If your green card application is denied, your interim benefits (work/travel authorization) may no longer be valid or usable. The denial may also initiate removal proceedings if you are in the United States without a valid status.
Once U.S. Citizenship and Immigration Services (USCIS) decides to deny your green card application, you will receive a notice of the denial. You may be eligible, in certain cases, to file for a motion to reopen or reconsider, or an appeal, within 30 days.
You may feel overwhelmed in the aftermath of getting your green card denial notice. At this difficult time, remember, legal help is available. Talk with a green card lawyer in El Paso who is committed to upholding the rights of the immigrant community. Your attorney can review your denial notice with you and discuss your legal options in depth.
What Are the Immediate Consequences of Having Your Green Card Application Denied?
Give your green card application denial the attention it deserves. Otherwise, you could suffer consequences that affect you and your family for a long time.
Below are some of the immediate consequences of a green card application denial:
- Loss of lawful status and unlawful presence: If you don’t have another valid, underlying nonimmigrant visa, you may immediately fall out of legal status. This means that your unlawful presence may begin to accrue after denial if no other authorized stay exists, but it is not automatic in every case.
- Loss of employment authorization: You may no longer be authorized to work if your employment authorization was granted based on your green card application. Because of this, you may have to stop working to avoid unauthorized employment.
- Travel authorization no longer valid for reentry: If you received a travel document based on a pending Form I-485, Application to Register Permanent Residence or Adjust Status, this document may not be valid for reentry since the underlying application is no longer pending.
- Start of removal proceedings: USCIS may issue a Notice to Appear (NTA). When this happens, you will be required to appear in immigration court before a judge to fight a deportation case.
Your immigration lawyer empathizes with you as you face the consequences that come with having your green card application denied. They can explain your legal rights and, if necessary, represent and advocate for you as you contest your denial.
What to Do if Your Green Card Application Has Been Denied
Now that you know what can happen if your green card has been denied, it’s beneficial to consider how to respond to USCIS’s decision. Below are some of the things you may be able to do to fight back against your denial:
- File a motion to reopen. With this, you can submit new evidence to support your application.
- File a motion to reconsider. This is an opportunity to argue that a USCIS officer made a legal or policy error in their decision based on existing evidence.
- File an appeal. You may ask the Administrative Appeals Office (AAO) to review the decision.
- Reapply. You may start a new application if your denial may have been due to missing documents or other correctable errors, and no appealable issue exists.
Outside of these things, if you are placed in removal proceedings, you may be able to renew your adjustment of status application before an immigration judge, depending on your eligibility.
Immigration attorneys can review the specifics of your case to determine if this may be an option for you.
Tips to Help You if Your Green Card Application Has Been Rejected
You may be worried about the future of you and your family following the denial of your green card application. As you think about what may happen since your green card application has been denied, keep in mind that you don’t have to deal with this situation alone.
Immigration attorneys can assist you, and they may provide various tips on what to do next, such as:
- Review your denial notice. This explains why USCIS denied your application. On top of that, it details whether you have grounds for filing a motion or appeal.
- Act quickly. In many instances, USCIS provides 30 days from the date of a denial (or 33 days if the denial notice was mailed) to file a motion or appeal. Those who miss this deadline may lose the right to dispute USCIS’s decision.
- Communicate and collaborate with your attorney. Together, you and your lawyer can get to the root of your denial and explore many legal avenues to improve your chances of getting your green card request approved.
Partner with a green card attorney who has earned dozens of positive testimonials from clients involved in cases similar to yours. Your lawyer may commit time and resources to build your case and show USCIS why your green card request is valid.
The Bottom Line on What Can Happen if Your Application for a Green Card Is Denied
In terms of what happens if your green card application has been rejected, the circumstances of your situation may determine what takes place in the days and weeks that follow.
Those who are unclear about how to respond to a green card application denial can pursue legal help, which may benefit them today and in the future.
At Mendoza Law, we are dedicated to defending the rights of immigrants. Our team has more than 100 years of combined experience, and we can use what we know to help you with your green card application denial.
Our immigration lawyers can learn about your green card denial and provide you with personalized legal services and support as your case moves forward. Contact us for more information.