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Tips for Overcoming Denials of Immigration Applications
  • dimartinolaw
  • May 8, 2023

Tips for Overcoming Denials of Immigration Applications

If you’re attempting to obtain a visa or green card to live and work in the United States, a denial can be a frustrating setback. While it’s possible that the U.S. immigration authorities simply made an error, it’s also possible that your application was lacking in some way. If your visa or green card application is denied, there are several steps you can take with the guidance of an Italian lawyer for US immigration to try to resolve the issue.


File a New Petition: Immigration Lawyer


If your initial visa petition, such as Form I-129, Form I-130, or Form I-140, is denied, it may be simpler to file a new application rather than appeal the decision. Even if the denial was due to an error made by the government, it may be easier to simply complete the form again and trust that the mistake won’t be repeated. It’s important to note that while you do have the right to appeal, it’s usually not worth it for initial visa petitions


Denial of a Visa at the U.S. Consulate: Immigration Lawyer

If you’re denied a non-immigrant visa by a U.S. consulate in your home country, you don’t have the right to appeal the decision. However, you can ask the consulate about the reason for the denial. Understanding why your application was denied can help you to prepare a stronger application the next time around.

If your application for an immigrant visa is denied, the consulate officer will explain the reason for the denial. Often, it’s due to a lack of necessary documentation. If this is the case, you can supplement your application materials within a year after the denial. The additional materials satisfy the consulate officer, they’ll approve the application. If not, the application will be closed and you’ll need to start over. You can’t appeal a denial or closure.


If the consulate asks USCIS to revoke the petition that formed the basis for your application, you’ll need to provide additional evidence to convince USCIS not to revoke the petition. If you’re successful, you may be able to get another interview. However, this process can take a long time. In some cases, you may want to contact your U.S. sponsor to see if they can reach out to their congressperson for help.


Consult with an Immigration Lawyer


If your visa or green card is denied, it’s a good idea to consult with an experienced immigration lawyer. They can help you to determine your next steps and may be able to help you resolve the issue more quickly than if you tried to handle it on your own. Justia offers a lawyer directory to help you find an Italian lawyer for US immigration who specializes in immigration law.


Denial of a Green Card During Adjustment of Status


If your green card application is denied during the adjustment of status process, you may be able to appeal the decision. However, in most cases, you won’t be allowed to appeal. If you do decide to appeal, it will go through the Administrative Appeals Office of USCIS, where an officer will review the basis for the denial. You’ll need to file an appeal and pay the required fee within a certain time frame.


More commonly, you can file a motion to reopen or reconsider your case. This means that your application goes back to the USCIS official who initially denied it, rather than going to the Administrative Appeals Office. If you file a motion to reopen, you’ll need to show that your circumstances have changed since the initial decision and that you now have a stronger basis for a green card. If you file a motion to reconsider, you’ll need to show that the officer made a mistake in denying your application. In rare cases, you may be able to challenge a denial by filing a lawsuit in federal court.


If your green card application is denied and you no longer have a legal basis to stay in the U.S.


If you are facing removal proceedings, it is crucial to seek the advice of an experienced immigration lawyer as soon as possible. The lawyer can review your case, identify your legal options, and help you prepare the strongest argument possible in support of your application for a green card or other immigration status.


In summary…

The denials of visas or green cards can be a frustrating and stressful experience, but it is important to understand your legal options and seek help from an experienced immigration lawyer if necessary. Whether you need to file a new petition, supplement your application with additional documentation, or challenge a denial through an appeal or motion to reopen, an Italian lawyer for US immigration at Di Martino Law Group can help you navigate the complex and often confusing immigration system and work towards achieving your immigration goals.




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