July 2, 2024

How to appeal if your US Green Card application is denied

3 min read
How to appeal if your US Green Card application is denied

US green card appeal process if your application is denied; in some cases, you may be able to reverse their decision

US green card appeal process if your application is denied; in some cases, you may be able to reverse their decision

If you would like to appeal a green card denial from USCIS, you must file Form I-290B: Notice of Appeal or Motion form and pay a $675 filing fee by money order, personal check, cashier’s check, or credit card.

You must file any appeals within 30 days after receiving your initial decision.

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.

How to appeal US green card application deniel

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.

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. 

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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.

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. 

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

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