United States Citizenship and Immigration Services (USCIS) is “the federal agency that oversees lawful immigration to the United States.” Most immigration paperwork, including petitions for immigration benefits, are filed with USCIS. This raises an important question: What happens if you receive a USCIS denial? The short answer is that it means that your application has not been approved. As frustrating as that can be, there are still options available. Here, our Austin immigration attorney provides an overview of your options if you receive a denial from USCIS.
What is a USCIS Denial?
A USCIS denial is a formal decision by the agency to reject an immigration application or immigration petition. In other words, the request, either for a visa, green card, or other immigration benefit, was not approved. A denial can result from missing documents, ineligibility under the law, insufficient evidence, or failure to meet deadlines. When USCIS issues a denial, it provides a written notice explaining the reasons for the decision. Of course, these explanations are not always as clear as they should be. An Austin, TX immigration lawyer can help you understand a denial.
You Should Carefully Review Your Denial Notice from USCIS
A denial notice from USCIS is the key piece of information as to what exactly went wrong in your case. As noted, it should explain the reasons why USCIS opted to deny your application/petition. Every case is different. USCIS may issue denials for a wide range of reasons, including missing evidence, failure to meet eligibility criteria, issues with documentation, or problems uncovered during background checks. Some denials are relatively easy to address. Other denials are very difficult to fix. Understanding these reasons is essential to determining your next steps.
Another key piece of information in the USCIS denial notice is that it should indicate whether you have the right to appeal the decision, file a motion to reopen or reconsider, or if reapplying is your only available option. In some cases, the denial may be based on correctable errors. In other cases, there may be no “direct” way to correct the matter. Reviewing the denial notice with an experienced immigration attorney is strongly advised. A lawyer can help you understand the notice, identify the problem, assess the strength of your case, and determine the best course of action.
An Overview of Your Options for Challenging a USCIS Denial
There are several different options that may be available to challenge a denial from USCIS. The best approach (or only approach) available in your situation will depend on case-specific factors. Some of your potential options for challenging a USCIS denial include:
- Submit a Motion to Reopen/Reconsider: In some cases, you can ask USCIS to take a second look at your application directly. These motions are generally the most straightforward way to deal with a denial. Indeed, a motion to reopen or reconsider asks USCIS to review its denial decision. A motion to reopen introduces new facts supported by documentary evidence that was not available at the time of the original filing. A motion to reconsider argues that USCIS made a legal or factual error in its decision, based on the evidence originally submitted. These motions must be filed within 30 days of the denial. If successful, USCIS may reverse its denial without new application or a formal appeal.
- File an Appeal with a Higher Authority: USCIS is not necessarily the final authority on immigration matters in the United States. A decision made by USCIS, including a denial, can often be appealed. Indeed, there are many USCIS denials that can be appealed to the Administrative Appeals Office (AAO) or Board of Immigration Appeals (BIA). While slower than a motion to reopen, an appeal can provide an independent review. With that being said, they can be challenging. You will need to prove that USCIS made a legal error, which can usually only be done with the guidance of an attorney.
- Start Over (New Petition): In some situations, the best option is to file a new application or petition. This may be necessary if the original denial resulted from errors that cannot be corrected by motion or appeal—such as missing key evidence or filing the wrong form. It may also be the best option if the original application is so flawed that it is simply better to go at it from a fresh perspective. Starting over allows you to address the issues raised in the denial and present a stronger case. However, this path often involves paying new filing fees and waiting through USCIS processing times again. Before reapplying, you should always speak to an Austin immigration attorney. Let your lawyer consider whether a motion to reconsider or an appeal is a viable option.
It is not an easy decision to determine how to address a USCIS denial. You do not have to figure everything out on your own. A top-tier Austin, TX immigration lawyer can review your denial letter and help you figure out the right way to get the best possible outcome in your case.
A Denial from USCIS Can Result in Removal Proceedings
If your case is denied by USCIS, and you are no longer in lawful immigration status, you may be referred to the Immigration Court. It has become increasingly common for USCIS to refer a denied case to ICE and start removal proceedings against the Applicant with the issuance of a Notice to Appear. It is important to monitor if you have received a Notice to Appear, as it will present the charges against you and your scheduled court hearing before the Immigration Court. If you miss your scheduled court hearing, you will automatically be ordered removed in your absence.
How J. Sparks Law Can Help With a USCIS Denial in Texas
Receiving a denial from USCIS can be stressful and frustrating. That is especially true if you are confident that you submitted a strong, well-supported, and fully compliant application. There is some good news: You generally still have options available after an initial denial from USCIS. Depending on your circumstances, your case may be well-suited for an appeal, reconsideration, or even a new application. At J. Sparks Law, PLLC, we put your best interests first. Our client reviews and record of case results tell the story. Do not want to get started challenging your USCIS denial. A proactive approach is key to get the best possible outcome. Your initial consultation with our Austin, Texas immigration attorney is completely confidential and without any additional obligations.
Get Help From Our Austin, TX Immigration Lawyer Today
At J. Sparks Law, PLLC, our Austin immigration attorney is standing by, ready to review your case and help you determine the best course of action. If you have any questions or concerns about how to address a USCIS denial, please do not hesitate to contact us to set up your confidential, no obligation initial consultation. From our Austin law office, we handle USCIS denials throughout the surrounding region in Texas. Many of our clients include residents of Georgetown, Round Rock, Leander, Cedar Creek, Bastrop, and San Marcos.