Immigration Denial? Here’s What to Do Next: Refile, Appeal, Reconsider, or Move On

“When a door is closed, a window opens.” I’m paraphrasing a line from The Sound of Music, one of my favorite childhood movies. It’s the way I live my life. When pushed to the ground, one can always flip over and stand back up.  In these non-normal times, a denial of any immigration case is a scary thing. A Canadian actress was detained after her work visa was denied. At several USCIS Field Offices, noncitizens have walked out in handcuffs – even before getting a denial on their case. If you’re case is denied, don’t give up. Here’s what to do.

Refile

Did the denial notice of your immigration form say that the evidence wasn’t strong enough or there wasn’t enough of it? Don’t worry. With over 20 years of experience, Blandon Law knows exactly how to refile your form the right way, with stronger evidence and the clear organization that immigration officers look for. In most cases, we edit a statement to guide the immigration officers through your story – so they understand why you deserve the green card. Refiling without mistakes is often the fastest way at getting your green card approved.

Appeal or Reconsider

If the immigration officer made a mistake on the law, Blandon Law can help you get your green card by appealing the denial. For example, if the denial applies the wrong legal standard – like expecting more proof than the law actually requires – an appeal would explain that you provided enough evidence. If the immigration officer made a mistake on the facts, Blandon Law would file a request for the officer to reconsider the denial. An example is USCIS denying the application stating that the marriage certificate wasn’t sent with the application when, in fact, the marriage certificate was sent with the application.

Move On To Something Else

Sometimes, a denial is sign that it’s time to find a new, entirely different, beginning. During a consultation, Blandon Law’s immigration professionals may provide new options after a denial. One common case is a noncitizen’s marriage-based petition, denied because the US citizen refuses to go to the government interview. A Violence Against Women Act case, sent with proof of the US citizen’s mental cruelty, might be an easier win.

With 15 years of Board Certification, our immigration experts are here to help your family and friends. Call 954.385.0157 or Click “For Future Clients” to schedule a chat with our asylum immigration experts.

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Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.

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