If you have received a denial for your immigrant visa petition or green card and you still want to go to the United States you should seek help from an immigration lawyer immediately. Sometimes a simple officer’s mistake could be the cause of a denial, a criminal background can interfere with the approval of a green card, or an insufficient supporting documentation can weaken an application or the refusal of an applicant to follow instructions could result in a decline.
A Visa Petition Declined
Once USCIS declines the first visa petition, of either a Form I-140 for employment, Form I-129 for temporary employment, Form I-130 Family immigrant visas, or Form I-129F Fiance’ of American Citizens, it is highly recommended to redo the whole application process. Besides hiring an immigration attorney one can strategically appeal their case. Restarting the whole process afresh may have its advantages, but the fees must be paid again.
Green Card Denial when Filing for Adjustment of Status in the United States
An appeal cannot be made when filing for an adjustment of status (a green card) while in the United States. If your application was for asylum or temporary employment you can be forcibly deported by an immigration court. However, you can renew the green card process when in the presence of an immigration judge.
Occasionally, one can apply for a motion to reopen to have case reexamined or given another chance, if not, an appeal can be made in a federal court which is possible but difficult to attain.
U.S. Consulate Denies a Non-immigrant Temporary Visa
Petitioning for a nonimmigrant visa at a U.S. Consulate in a foreign country has limited opportunities. If a nonimmigrant visa is denied, the foreigner may not have the option for an appeal. Applicant will be informed of motive for decline in a written document. Foreigners applying can correct the problem and restart the whole application process.
U.S. Consulate Denies an Immigrant Visa
If an immigrant visa petition is denied after applying at a U.S. Consulate in a foreign country do not despair. The U.S. Consulate will grant the applicant the opportunity to reapply and resubmit new information during an allotted time period of a year to reverse the denied visa. At the closing of the year the visa application will be ceased and the only option is to start process all over again. An appeal after a denial or closing of a case is not guaranteed.
Speak with an Experienced Immigration Attorney
Regardless of how frustrating a green card or visa denial may be, always be prepared for those unfavorable circumstances. The truth is that every application process is a learning experience and you stand a better chance with an Immigration Attorney representing you.
If you have been denied a visa petition regardless of visa classification, The Gambacorta Law Office is here to help you with your application process. Call for an appointment at 847-443-9303. Our Offices are located in Arizona and Illinois.
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