US Publishes 2 Options Available to Foreigners After Green Card Application Denial
- The US immigration authority confirmed that applicants whose Green Card requests are denied cannot file a direct appeal against the decision
- Two formal motions are available to denied applicants, each requiring a different legal argument and supporting evidence
- The US government also outlined how foreigners can track the status of their Green Card applications after submission
PAY ATTENTION: Mark Legit.ng as a preferred source, and our content will appear higher in your Google feed!
The United States Citizenship and Immigration Services (USCIS) has outlined what foreign nationals can do when their Green Card application is denied, confirming that a direct appeal is not an available option.
According to USCIS, applicants who receive a denial will first be sent a written letter explaining the reason behind the decision.
Source: Getty Images
From that point, two specific routes are open to them, and both involve submitting a motion to the same office that issued the unfavourable ruling.
Two options after Green Card application denial
1. Motion to reopen.
This requires the applicant to state new facts they would present if the case were reopened, and to include appropriate supporting evidence alongside the submission. It is not simply a restatement of the original application but a formal request backed by material that was not previously considered.
2. Motion to reconsider.
This route takes a different approach and requires the applicant to demonstrate that the immigration office incorrectly applied immigration law or policy when reaching its decision. The applicant must also show that the original decision was wrong based on the evidence already on file at the time of the ruling.
Both motions are directed back to the office that denied the application in the first place, meaning the applicant is essentially asking that same authority to reexamine its own decision.
How to Check a Green Card Application Status
For applicants still waiting on a decision, USCIS advises that case status can be checked online. Those who filed Form I-90 should wait at least 72 hours after submission before attempting to check their status through the official portal.
Applicants with immigration-related questions can also contact the USCIS Contact Centre directly by calling 800-375-5283. A dedicated TTY line, 800-767-1833, is available for individuals who are deaf, hard of hearing, or have a speech disability.
Anyone reaching out to the Contact Centre should have specific details on hand, including their full name, date of birth, receipt number, and Alien Registration Number, also known as an A-Number.
US announces eligibility for Green Card application
Meanwhile, Legit.ng previously reported that the United States government published a list of eight categories of people who qualify to apply for a permanent resident card, commonly known as a Green Card.
Eligibility ranges from family ties to US citizenship and employment in specialised fields to refugee or asylum status and victims of abuse.
Source: Legit.ng
