Making The American Dream Attainable

What are your options if your green card renewal is denied?

On Behalf of | Dec 11, 2024 | Immigration |

A Permanent Resident Card, also known as a green card, is a crucial document for individuals residing permanently in the United States. Green card holders typically need to apply for renewal if their cards have expired or will expire within six months. You may also need to replace it for various reasons, from loss or damage to changes in personal information.

However, while the U.S. Citizenship and Immigration Services (USCIS) usually approves most applications, denials can still occur. It’s important to understand the reasons for the denial and the potential steps you can take.

Understand the reasons for the denial

The USCIS may deny green card renewals for various reasons. This can range from submitting incomplete documents to criminal convictions. An official notice from the USCIS should detail the specific reason for the denial of your application. If you are uncertain about the reasons stated in the notice or if your case involves complex issues, then it may be wise to seek professional legal counsel.

What are your options after a denial?

Depending on the reason and details outlined in the official notice, there are typically three main avenues to pursue:

  • Motion to reopen: This request is only for when new, significant evidence becomes available that was not accessible at the time of the original application.
  • Motion to reconsider: This motion is only suitable when the applicant believes USCIS incorrectly applied immigration law or policy in their case.
  • Appeal to the Administrative Appeals Office (AAO): This option is available only if the original decision was appealable to the AAO.

After receiving the official notice, you have around 30 days to file a motion to reopen or reconsider, so it’s crucial to act promptly.

There is a path forward

Receiving a green card renewal denial can be stressful, but it doesn’t have to be the end of the road. If you’re unsure about your next steps or need assistance with your case, reach out to an attorney. They can help you understand your options and navigate the process.