What if an Error Made My Immigration Application Get Denied?

The United States Immigration Services and Citizenship (USCIS) shows minimal tolerance for errors made in immigration applications. But we understand that, sometimes, these are just misunderstandings that should not jeopardize opportunities for citizenship in the United States. Read on to discover what you should do if an error made your initial immigration application get denied and how one of the seasoned attorneys from our Lyndhurst naturalization law firm, The Law Offices of Salvatore A. Falletta, can help you right these wrongs.

Why was my immigration application rejected?

You must be meticulous when it comes to applying for United States citizenship. But even with this conscious effort, your initial application may still get denied by the USCIS. Examples of why this may be your result are as follows:

• The USCIS may determine that you have a health issue (i.e., you have a mental or physical condition that makes you a threat to yourself and others).
• The USCIS may determine that you have a criminal record (i.e., you have committed a crime involving moral turpitude).
• The USCIS may determine that you have made a mistake on your initial application:
  • You have failed to answer all the questions, fully and truthfully, within the initial application.
  • You have failed to follow all the photograph guidelines within the initial application.
  • You have failed to provide all relevant, supplemental documents alongside your initial application.

What should I do if an error made my initial immigration application get denied?

Though rare, there have been instances in which the USCIS makes an erroneous conclusion of law or statement of fact when deciding to deny a petition for United States citizenship. Nonetheless, if this is your case, then it may be in your best interest to file an appeal. More specifically, you must file Form I-290B, Notice of Appeal or Motion, with the Administrative Appeals Office or a USCIS office.

The purpose of an appeal is so a different authority may review your initial application, and the initial decision made on it, to ultimately issue a new decision. You may know whether your decision may be appealed if your denial notice included information regarding your appeal rights. It must be noted that only you are allowed to file an appeal, and not the beneficiary of your petition or any attorney of the beneficiary.

Importantly, there is only a small window of opportunity to appeal your initial immigration application. That is, you may only have 30 days from the date on which you were issued a denial. So, if an appeal is something you wish to kickstart today, then you must retain the services of one of the competent attorneys from our Lyndhurst naturalization law firm. We await sitting down with you at your initial consultation.