Can You Appeal a Denial? What Are Your Options and Next Steps?
You’ve come to the United States from another country, seeking a new beginning. You’ve taken all the right steps to get a visa to allow you to start your new life here, but your application has been denied. What are your options now? Can you appeal the denial? How long will you have before you potentially face deportation or removal?
Step #1—Hire an Experienced Immigration Attorney
You may be reluctant to retain legal counsel because of the potential cost, but you’ll find the money to be well spent. A knowledgeable immigration attorney will have a comprehensive understanding of how everything works and can inform you about all your options. Your attorney will know what needs to be filed, where it needs to be filed and when it needs to be filed. Immigration law is complex—you want an attorney who has successfully helped others in situations like yours.
Step #2—Understanding Why Your Visa Application Has Been Denied
Before you can know the best course of action, you need to know why your request for a visa was turned down. Common reasons include:
- Missing, insufficient or inaccurate information in your visa application
- Ineligibility for the type of visa—If applying for a family-based visa, you may not be able to demonstrate the required relationship. If applying for a work-based visa, you may not have employment that qualifies.
- Prior immigration violations—You may have entered the country illegally or stayed in the country beyond the term of a prior visa.
- Disqualifying criminal history—Disqualifying convictions can include serious felonies, drug offenses, and crimes of fraud, dishonesty, or “moral turpitude.”
If you are applying for a temporary visa, you may be denied for other reasons as well. For example, you must be able to show that you have the financial resources to support yourself during your stay in the United States. In addition, you must demonstrate that you intend to return to your home country when your visa expires.
Step #3—Reapply for Your Visa, If Possible
With some denials, such as when your application is rejected because of insufficient or inaccurate documentation, you can reapply with a corrected and accurate application. Your attorney will help you know if you can reapply.
Step #4—File an Appeal, If You Are Eligible
You can appeal most immigration visa denials by submitting form I-290B within 30 days of the date of your denial. To succeed on appeal, you must show that the denial of your application was unjust. To be considered unjust, there must be evidence of one of the following:
- The denial was based on a misapplication or error of law.
- The examiner failed to consider material or significant factual evidence.
- The denial resulted from a procedural error by the immigration offices.
- New and substantial evidence is available that could alter the outcome of the case.
It’s important to understand that the 30-day period to file an appeal runs from the date the decision was made, not the date you received notice of denial.
Contact the Proven and Effective Immigration Attorneys at Bailey & Galyen
At Bailey & Galyen, we know that the American immigration system can be intimidating and confusing and that you may be uncertain of your options after receiving a denial of a visa application. We will take the time to carefully explain your options and help you make the right decisions as you move forward. Contact us by e-mail or call our offices. Our phones are answered 24 hours a day, seven days a week.
