What happens if your marriage-based green card is denied?

What happens if your marriage-based green card is denied?

Most denials are made without prejudice. This means you can file a new application for permanent residence. This may be your best course of action if the problems which caused your marriage-based green card application to be denied can be cleared up before refiling.

What happens if my i-485 gets denied?

If U.S. Citizenship and Immigration Services (USCIS) denies an I-485, there are options available to applicants, including a motion to reconsider or reopen, appealing the decision, and re-filing.

What happens if immigration does not believe your marriage?

Denial of Adjustment of Status in the U.S. The situation will be different, however, if your spouse is in the United States without a valid visa; that is, illegally. In that case, after the denial, your spouse might be placed into removal (deportation) proceedings.

Can marriage visa be denied?

Denial of Adjustment of Status The danger in this type of denial is the possibility of your spouse being placed in removal proceedings if they are denied a green card while being in the United States without a valid visa.

Can you refile I-485 after denial?

If USCIS did not revoke or deny your underlying family petition (I-129F or I-130) then you just need to file a new application to adjust status (I-485) with the petition receipt and all other supporting evidence. You will need to pay all fees over again, as well.

Can you appeal I-485 denial?

Appealing to the Administration Appeals Office You cannot do this just because you didn’t like the previous officer’s decision, but because you believe that the first USCIS officer made an error in your case. You will be able to submit new evidence through this appeal.

Can you appeal a denied I-485?

Fortunately, a denial does not mean that all hope is lost. One option is to file a Motion to Reconsider or a Motion to Reopen with USCIS. Alternatively, you can request a review from USCIS’s Administrative Appeals Office (AAO). Another option is to reapply and start the process over from the beginning.

Can I refile I-485 after denial?

If your I-485 application is denied and you are not given an opportunity to correct missing information through an RFE or NOID, then you can file an I-290B motion to essentially ask that the USCIS reopen or reconsider your application – provided your I-130 is pending. An I-130 is a Petition for Alien Relative.

Why would a marriage visa be denied?

Gaining entry unlawfully or through fraud or willful misrepresentation or abusing the terms and conditions of your visa are grounds for inadmissibility and may therefore result in the denial of your adjustment of status application (permanent residency).

Why would a spouse visa be denied?

Main Reasons For Getting Visa Denied are: Forms that are not signed. Legal obstacles such as the divorce process of the previous marriage. U.S. citizen income does not meet the criteria. Big age difference, cultural differences, inability to communicate in English, etc.

Can you reapply i485?

You can reapply anytime after the denial. You may want to consult with an attorney to review the denial and make your application stronger when you resubmit.