Has your Los Angeles immigration case been denied? If so, you will need to know what to do if the USCIS denies your case, as there are several options available. Although this can be an overwhelming process, there are several USCIS case denied options you can take advantage of to have your case reevaluated and the denial reversed.

At The Berdugo Law Firm, APC, we are dedicated to providing our clients with the assistance they need as they navigate immigration denials. Keep reading to find out what to do if the USCIS denies your case and how the immigration appeal process works in California.

Common Reasons For Denied Immigration Cases in Los Angeles

Having your immigration case denied can be devastating as the immigration process is already challenging as it is. However, it is important to keep positive and take time to better understand why your case was denied. Remember, a denial is not the end of the line, as you have the option to appeal this decision.

When you receive your denial, it should provide information regarding why your case wasn’t approved, which often comes down to one of these factors:

• Incomplete or incorrect documentation: When you fill out immigration forms, it is absolutely necessary to fill out the required information. It is also crucial that you provide accurate information that is up-to-date and free of any errors. 
• Missed deadlines: Every type of visa for the United States has a submission deadline that indicates when your papers need to be filed. If you fail to meet these deadlines or fail to attend your scheduled interview, this can result in a denial.
• Inadmissibility issues: In rarer instances, you may be found to be inadmissible to the United States. This can happen for several reasons, such as for individuals who have a criminal record, past immigration law violations, past removal proceedings, or ties to terrorist or drug activities.
• Lack of evidence: Extensive evidence is required for every type of visa category to ensure you meet the eligibility requirements and you are who you say you are. Not providing the necessary evidence can result in a request for evidence or even an application denial.

Understanding Your Appeal Options

Now that you know why your immigration case was most likely denied, what comes next? You need to have a thorough understanding of how to appeal immigration decisions before proceeding so that you can move forward with confidence.

Before acting on a denied immigration case, the first thing you need to do is hire an immigration lawyer for denied cases in LA. An immigration lawyer will have extensive experience handling immigration cases and can help you find the best course of action that fits your situation.

Here are some options you have when appealing to the USCIS.

File Form I-290B 

The most common solution you have if your case has been denied is to file form I-290B, which is an appeal. When you file this form, this acts as a request to the higher-ups of the USCIS to review your case and the denial.

Motion to Reopen vs. Motion to Reconsider

If you have new evidence to add to your immigration case, you can file a motion to reopen, which would allow your case to be re-examined. To do this, you need to file this motion within 30 days of your denial. Keep in mind this is not an option if you abandon your application or did not appear for your scheduled interview.

Additionally, you could file a motion to reconsider if the USCIS denied your case based on legal errors that you think are incorrect. This should also be filed within 30 days of receiving your denial.

Federal Court Appeals

If you have exhausted all other appeal options with no success, you may want to consider a federal court appeal. However, keep in mind that this is only an option in rare instances as the success rate is not very good. You also should not attempt to take this step without the representation of an immigration appeals attorney in Los Angeles.

Steps to Take Immediately After a Denial

When you are notified that your case has been denied by the USCIS, you need to act quickly. You usually will only have 30 days to file an appeal from the date that you received your denial. However, if you need more time to consider your options, you can write a request for an extension to respond, which gives you a time extension so that you do not have to act immediately.

Also, if you haven’t already hired an immigration appeals attorney in Los Angeles, this is the time to do so.

Contact an Immigration Attorney at The Berdugo Law Firm

Immigrating to the United States can come with many challenges, especially if your case is denied by the USCIS. Whether you want to file a motion to reopen your immigration case or use another appeal option, there are certain steps you will need to take for a better chance of approval.

At The Berdugo Law Firm, we are committed to providing our immigration clients with straightforward and reliable legal guidance as they navigate a green card appeal in Los Angeles. Contact us today at 323-642-9933 to speak with an immigration attorney about your case.

FAQ Section:

Can I stay in the U.S. while my immigration appeal is pending?

Even if you have received a denial, the good news is that the government will not remove you from the United States while you are waiting for a decision.

What happens if I miss the deadline to appeal?

If you missed the deadline to appeal a denied immigration case decision, you have forfeited your right to appeal, which means that the denial is finalized.

What’s the difference between an appeal and a motion to reopen?

When you appeal a denial from the USCIS, you are requesting that a different authority review this decision. Whereas when you file a motion to reopen, you are asking the same authority that issued the original denial to reevaluate their decision.