A USCIS denial can be a devastating blow for anyone seeking immigration to the United States. However, this does not have to be the end of the road, as you have the option of a USCIS denial appeal in California. There are several immigration options available for those seeking a green card, depending on your goals and the reason for the denial.
At The Berdugo Law Firm, APC, we are dedicated to providing our clients with the legal representation they need as they appeal a green card denial in California. Keep reading to find out how to reopen a USCIS case and what the difference is between an immigration appeal vs. a motion to reopen.
Common Reasons USCIS Denies Applications
Before we dive into your options when it comes to a USCIS denial appeal in California, what are some common reasons for denied immigration cases? Before proceeding with your case after receiving a denial, it is essential that you understand why your case was denied in the first place. Without this knowledge, you won’t know which option is the best fit for your situation.
When it comes to USCIS denial, there are a few common reasons why this decision may be made.
Missing Documentation
One of the most common reasons for a denied immigration case is because of missing documentation. No matter the type of immigration case, there is certain required documentation that you need to provide when filing the correct forms. These documents are usually used to verify your identity and your eligibility to receive a green card.
For example, if you are pursuing family-based immigration, you have to provide documentation verifying your familial relationships. Whereas if you are applying for an employment-based green card, you have to provide documentation regarding your work experience or skills.
Inconsistencies or Errors In the Application
Another common reason for a denial is if there are inconsistencies or errors throughout your immigration application. Even innocent errors can result in a denial, which is why it is so important to be diligent when filling out these applications.
Any inconsistency in the information you provide is also a red flag to the USCIS and can result in a denial due to the suspicion of immigration fraud. This is why it is strongly recommended that you hire an immigration denial lawyer who can ensure you are filling out your forms correctly and accurately.
Missed Appointments or Deadlines
When you are applying for a green card, there are certain deadlines and appointments that you must follow for an approval. Failure to do this will often result in an automatic denial.
Before starting your immigration application, you need to be fully prepared to follow these appointments and deadlines so that you don’t have any issues with your case
Grounds of Inadmissibility
In less common instances, you may also be found to be inadmissible to the United States. The USCIS has grounds of inadmissibility that bar certain individuals from immigrating to the U.S. due to certain risks.
Some examples of why an individual may be inadmissible include criminal activity, national security risk, immigration violations, misrepresentation, and communicable diseases.
Understanding the Difference: Appeal vs. Motion
Now that you know why your case may have been denied, what should you do next? You have the option of filing a USCIS denial appeal in California or a motion to reopen, among other options. Although they may seem similar, these options are meant for different situations and can result in different outcomes.
Here is a breakdown of what an immigration appeal vs. a motion to reopen actually is:
- Appeal: An immigration appeal is a formal request to a higher authority to review your immigration denial. To do this, you will present a legal argument as well as evidence supporting your claim that the decision is incorrect or unfair. If your case was heard an immigration court, you would file your appeal with the Board of Immigration Appeals and if the decision was made by a USCIS officer, you would file your appeal with the Administrative Appeals Office.
- Motion to reopen: A motion to reopen is a request to the immigration court to reopen a case that has already been closed. This option is allowed if you have new evidence supporting your case, such as changes to the law, changes in circumstances, or newly discovered evidence. Unlike an appeal, a motion to reopen is submitted to the authority that made the decision regarding your case denial.
Understanding the Filing Timelines
If you want to appeal or file a motion to reopen an immigration case, you need to follow the deadlines. These are incredibly strict, and if you fail to follow them, can result in the denial being final.
For a motion to reopen, you have to file this within 90 days of the immigration judge’s final order. On the other hand, you have to file a notice of appeal within 30 calendar days of the judge’s decision.
FAQ Section
Do all USCIS denials qualify for an appeal?
No, the right to appeal will depend on who filed the petition and why the application was denied.
How long does it take to get a decision on a motion or appeal?
The time it takes to get an answer for a motion or appeal can range from a few weeks to several months, depending on how busy the USCIS is.
Can I stay in the U.S. while my appeal is pending?
Yes, you can legally stay in the U.S., as your appeal is pending, without the risk of being deported.
Will appealing affect my future applications?
No, filing an appeal will not have a negative impact on future applications, as this is well within your rights.
Contact an Immigration Attorney at The Berdugo Law Firm
Are you wondering what to do after a USCIS denial? The good news for immigrants is that there are several options available if you have received a denial regarding your immigration case.At The Berdugo Law Firm, we are committed to providing our clients with reliable and straightforward legal representation as they begin the process of filing an immigration motion in California. Contact us today at 323-642-9933 to speak with an immigration attorney about your case.
