My Case Was Denied by USCIS, Now What?

One of the most common reasons potential clients reach out to an immigration attorney for help is when an application with the United States Citizenship and Immigration Services (USCIS) has been denied. Receiving a denial can be life-shattering. You spent a lot of money to file the first application, you waited for what seemed like a lifetime to get to the interview, and then just like that, your case is denied! Or alternatively, you filed everything you thought you were supposed to file, and then your application was denied before you were even scheduled for an interview. Now what?!

The answer is that it depends, but usually you have options! The option may take longer than you would like, or cost more than you want, but if you have an option, you have hope! Here are the most common solutions:

• You may be eligible to appeal the decision if it was not based on the evidence that you submitted, or an improper application of the law.

  • Each case is very fact specific, you will want to have an immigration attorney review your decision to see if appealing the decision is an option.

• You may be eligible to re-file a second application.

  • If you are not able to appeal your decision, you may be able to re-file your application. Although this can be an expensive process, particularly with the high costs of filing fees, you may be able to submit a new application, with the correct evidence that was not submitted the first time, and obtain your green card or citizenship despite the first denial.

• You may have relief before an Immigration Judge.

  • There are many times where individuals are unsuccessful when applying for a benefit from the United States Citizenship and Immigration Services (USCIS), but may still be able to obtain their residency, or at least be allowed to stay in the United States, after going before an immigration judge.

Please contact Soria Law at 561-318-3600, to determine what options you have.