Legal options after a visa or green card denial

The process of applying for a visa or green card in the United States is time-consuming and often confusing. When an individual receives a denial after months of waiting, it can be frustrating.

There are many possible reasons for the denial of a green card or visa. There are also several options available under immigration law to address this situation. Understanding these options can help you navigate the process and potentially change the outcome.

File an appeal

Every year, the U.S. Immigration Office denies approximately 97,000 applications. If you are in that group, you may have the option to file an appeal. Submit a formal request to have a higher authority examine the decision. To maximize the chance of success, follow specific timelines and guidelines for filing.

Request a reconsideration

If there was a mistake or misunderstanding that led to the denial, you can request a second look. Provide additional evidence or clarifying information to strengthen your request for reconsideration.

Apply for a different visa category

Consider exploring other visa categories that might be a better fit for you. The United States offers various types of visas, each with its own requirements. You may find a different category that aligns better with your situation.

Address inadmissibility issues

Sometimes, a denial occurs due to inadmissibility issues. These may include criminal records or medical conditions. You can work address these issues with waivers or by demonstrating residency eligibility.

Reapply

You can often reapply after addressing the reasons for the denial. Carefully review the denial notice and fix any deficiencies or errors in the first application. Reapplying with a well-prepared and comprehensive submission can improve your chances of approval.

Explore other immigration paths

If your visa or green card application faces multiple denials, consider exploring other paths to immigration. Options include family sponsorship, employment-based options or humanitarian relief programs. These avenues may offer different routes to achieve your goals.