If your immigration application is rejected, it can feel like the world is ending. You may not know what to do next or where to turn. The good news is that you can take steps to deal with the rejection and improve your chances of being approved in the future. We will discuss what to do if your immigration application is rejected and improve your chances of being approved in the future.
How to Deal with Immigration Application Rejection? [image: pexels by tirachard kumtanom] |
What Factors Can Affect Your Immigration Application Denial?
There are a variety of reasons why your immigration application may be denied. The most common factors that affect an application’s denial are:
- Illegal entry or presence in the United States
- Fraud or willful misrepresentation on your part
- A criminal record, including convictions for certain crimes or being arrested and detained
- Inadmissibility due to health reasons, such as having a communicable disease or being a public charge
- Previously being deported, denied entry, or removed from the United States
- A lack of proper documentation
If your application is rejected, it is essential to understand why and take action accordingly. You may be able to appeal the denial or apply for a waiver to overcome inadmissibility. You can also apply for another type of immigration benefit if you are eligible. You can also ask assistance from an Austin visa lawyer to help you deal with your immigration application rejection.
What Should I Do If My Application Is Denied?
If your application was denied, you should determine why it was rejected and what steps to take next. For example:
If you do not have legal status in the United States, you may be placed into removal proceedings. You should speak to an immigration attorney as soon as possible to discuss your case and determine whether or not you can appeal the decision.
If your visa was denied, you might be able to reapply after addressing the reasons for the denial.
If your green card was denied, you should speak to an immigration lawyer about whether or not there is a basis for appeal based on new evidence that could overturn the decision made by USCIS (this can include proving that you were married in good faith).
If your naturalization application was denied because of English proficiency concerns, you might be able to take a course to improve your English skills and reapply.
No matter the reason for denial, it is essential to act quickly and consult with an immigration lawyer who can advise you on the best steps to take next. With help, you may be able to overturn an adverse decision made by USCIS and continue on the path to U.S. citizenship or legal status.
How To Get Your RFE Resolved
If your application for a visa or green card is rejected, you will receive a notice of intent to deny (NOID) from the Department of Homeland Security. The first step is to determine what caused the rejection so that you can address the issue in your appeal.
You may have been denied because you did not provide enough evidence to prove your eligibility or because there was a problem with the application.
The next step is to make sure that you submit all of the evidence requested in the NOID letter within 30 days from the receipt date on it, even if some parts are missing due to an error by DHS personnel (e.g., they may have forgotten to attach a required document to your file). If you don't submit the requested evidence, your appeal will be denied automatically.
If you do not have all of the requested evidence, send what you have and explain why you are still missing the other documents. For example, you can state that in your appeal letter if you left something out because it was not asked for on the form.
If you are still missing evidence after 30 days, contact the office that sent the NOID to request an extension. The best way to reach them is by email or phone; be sure to have your file number handy. You may also want to include a cover letter with your appeal explaining why you need more time.
Finally, suppose your appeal is denied because there was a problem with the NOID letter, or it has been over one year since your last contact with DHS (including status checks). In that case, you should submit another application package along with an explanation letter explaining what happened and why this issue should be resolved now rather than later.
Be sure to include all of the evidence you submitted with your original application, as well as any new evidence you have gathered.
Final Words
Getting your immigration application approved is not easy. The whole process can be frustrating and challenging, but it’s essential to consider that many people have been through this before and succeeded.
Immigration applications take time, so you need to be patient as well. It’s also a good idea to get help from an immigration lawyer if you can afford it. They can help you through the entire process and ensure that everything is done correctly.
However, if your application is rejected, don’t worry. There are still ways for you to get residency in the United States. You can reapply or try a different route, such as getting a green card through marriage, employment, or family sponsorship.
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