The United States Citizenship and Immigration Services (USCIS) handles immigration applications in the U.S. It operates under the United States Department of Homeland Security. USCIS offers a wide range of immigration services, such as assisting in the application process, application review for immigration benefits, and providing resources and information about the immigration process.
As an applicant, you must understand the case statuses that USCIS gives, especially “Case Was Denied.” It can help you figure out your next move, strengthen your application, or make an appeal.
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In USCIS applications, “Case Was Denied” means the agency denies or rejects a petitioner's application. The following situations can make USCIS deny your papers:
Failure to provide adequate information in the form will lead to denied applications. These include missing forms, signatures, and documents. Complete all sections of the form and review it multiple times.
Your application will be denied if you don’t meet the eligibility criteria for the immigration benefit you want. For example, your application for a green card through marriage is denied after giving insufficient proof that your marriage is real. Another example would be applying for a family member to live with you in the U.S. It will get denied if you don’t have enough evidence of your familial relationship with the person.
You must present sufficient evidence to the USCIS to enter the U.S. Prove to the immigration agency that you have the means to stay in the country.
The documents vary with each immigration application. Use some of these as your evidence:
Any missing documents may result in automatic denial of the application. Gather all these papers before starting the application process.
USCIS has filing fees that they update every now and then. If you’ve applied for a certain immigration benefit with the old fee, USCIS will deny your application.
USCIS may deny applications for people who provided false information, have removal proceedings, or violated immigration laws. It’s the government’s job to protect its people, especially if the applicant committed a severe and violent crime in the past.
USCIS can reject your application if you don’t attend your scheduled interview and biometrics collection. Make sure to attend your interviews to get higher chances of approval.
Every visa application in USCIS has its submission deadline. If you miss your deadline, your papers won’t be processed, and you’ll be back at square one.
USCIS sends a written explanation of their reason for denying your application. It’s important to read this notice carefully once you get it so you can come up with a strategic response and address the issues.
You can contest your visa application in the Administrative Appeals Office (AAO) of the USCIS. Here are some time-sensitive actions to consider when disputing your application:
Get the Form I-290B to start filing an appeal. It allows you to request a review of the denial from the higher-ups of USCIS.
If you want to reexamine the application based on new evidence, file a motion to reopen. Submit this motion within 30 days after your initial application was denied. You can’t file this if you abandoned your application or failed to appear for the interview.
File this if you want USCIS to review their decision based on legal errors. Do it within 30 days after the denial of the initial application.
Write a request to extend your time to respond to the denial to the USCIS. This lets you think of the best possible response to your denied application.
When your situation doesn’t work with the actions above, you can reapply for another application after reviewing the reasons for denial and meeting all requirements.
Seek the help of a highly qualified immigration attorney if you’re unsure of how to go about your visa application. They can come up with tailored solutions based on your situation. They will guide you through the intricacies of immigration law that come with visa applications.
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An appeal lets you request a review of why USCIS denied your application. You’re also asking the AAO to reverse the decision potentially. On the other hand, a motion to reopen/reconsider is a request for USCIS to review its decision based on new evidence that wasn’t available when the denial was made. Both have a deadline of 33 days from the decision date and use Form I-290B for filing.
Here’s how to file:
Filing for an appeal doesn’t mean an overturn of the original decision. USCIS will review the case based on the information you provided. You can file for a motion if USCIS still denies your appeal or get legal advice.
Creating a strong application for USCIS means that your papers are accurate and complete. Here are other tips to make an effective application:
Read the guidelines and requirements of the immigration benefit you’re applying for, including the eligibility criteria. It’s totally understandable if you don’t meet all the requirements for your desired benefit. Find another benefit that suits your current situation.
Fill out all required fields with truthful information about yourself. Read the instructions carefully and ask for assistance to clarify something. Putting any false information on the forms will result in the denial of your application.
The documents you need to attach with your application should be clear and readable enough for the staff of USCIS. Avoid sending poorly printed documents. These papers will support your application for whatever immigration benefit you’re applying for.
Arrange your application papers according to importance. Use an organizer to separate the forms, supporting documents, and additional evidence from each other. Get tabs or separators to distinguish the documents when submitting them.
This cover letter will sum up your application so that the USCIS staff can understand your purpose for getting a visa. Write it in a simple yet compelling way to convey your main points. As much as possible, keep your letter to a single page.
Create another digital copy of your application before you submit it. This can help you refer to a section of the document in case you missed something.
Early submissions may help in getting your application reviewed fast. This also allows time for potential delays and issues in the application process.
When you get a “Case Was Denied” from USCIS, you must carefully read the agency’s thorough written explanation. This lets you see the gaps in your application and think of your next steps.
You can turn to immigration attorneys to seek professional and legal guidance. They can assist you in meticulously preparing for USCIS applications and determine a response in case it gets denied. They know how the complicated legal processes go daily; that’s why they can give you insights into your application.
Contact us at Hacking Immigration Law, LLC for a consultation! We’ll be happy to assist you with your immigration-related concerns. Whether you want to register permanent residence, are a permanent resident, are facing deportation proceedings, or are applying for permanent residence, our lawyers are always ready to help. Call us today!
