Receiving a denial notice for your green card application can feel disheartening. However, it’s important to know that a denial does not necessarily mean your journey toward permanent residency has ended.
Even if you’ve applied for a green card and been denied, you may be eligible to apply again. Below is a brief guide to the process of reapplying for a green card after a denial, along with some practical advice for making your second application stronger.
If My Green Card is Denied, Can I Reapply?
If you’ve ever wondered if you can apply again after being issued a green card denial, you may be surprised to know that the answer is often “yes.” The United States Citizenship and Immigration Services (USCIS) does not automatically bar applicants after an initial denial. The decision often depends on why your first application was denied.
Common reasons for denial of a green card application can range from eligibility requirements to a single missing document. It’s important to understand the exact reason or reasons for your green card denial before you try to reapply.
Understanding Your Denial Notice
When the USCIS denies your green card application, they will send a detailed explanation as to why. This letter is known as a denial notice. Read this notice carefully, because it will explain clearly why your application for a green card was not approved.
Some of the more common reasons listed in a green card denial notice include:
- Lack of required documentation
- Errors or incomplete information on forms
- Insufficient evidence proving eligibility
- Criminal history or security concerns
- Health-related inadmissibility issues
Knowing the specific reasons for your green card denial will help you decide whether to appeal or reapply, and this information will help you strengthen your next application.
Eligibility to Reapply
Whether or not you can reapply if your green card application is denied hinges on your eligibility status. Unless your denial included serious grounds, such as fraud or having been convicted of certain types of crimes, you can typically reapply if your application for a green card is denied.
Some of the situations where a green card is denied, but you can apply again, include:
- Missing or incomplete paperwork
- Errors in filing the initial application
- Insufficient financial documentation
- Not meeting eligibility requirements at the time of application (but meeting them now)
If your denial involves minor or technical issues, fixing these errors or providing additional documents often allows you to reapply successfully. Your attorney can work with you to fix many of these errors and avoid new ones by helping to ensure your next application has a greater chance of success.
How to Reapply if Your Green Card Application was Denied
The process for reapplying for a green card after receiving a denial is essentially the same as your initial application. This time, however, you’ll need to address specific issues that are listed on your denial notice.
If your green card application is denied and you are eligible to reapply, there are certain steps that you must take.
Step 1: Correct Issues from the Denial
You will need to carefully review your denial notice. If your application for a green card was denied because documents were missing, gather these items before you reapply. If your eligibility was questioned, you should provide clear proof that you now meet the requirements.
Step 2: Gather All Required Documentation
You will need to include all documentation pertaining to your application, including information that you have already submitted. Some of these documents include:
- Updated and correctly completed USCIS forms (often Form I-485 for adjustment of status)
- Proof of legal entry and status (passport, visa, I-94 records)
- Evidence of eligibility category (marriage certificate, employment documents)
- Financial evidence (tax returns, employment verification)
- Medical examination results (Form I-693)
- Criminal background checks, if applicable
Step 3: Submit Your Application
You will typically file the same forms again (often Form I-485 for adjustment). Include a clear explanation of any previously denied issues and how you’ve corrected them.
You can apply online or mail your documents directly to the appropriate USCIS address. Make sure to pay your application fees and keep detailed copies of everything you submit.
What Will it Cost to Reapply if Your Green Card is Denied?
If your green card is denied and you’re eligible to apply again, be prepared for additional costs. You must pay application fees each time you apply. As of now, the standard filing fee for Form I-485 (Adjustment of Status) is approximately $1,225. This includes an $85 biometric services fee.
Additional costs can include:
- Attorney fees (these can vary widely, depending on the complexity of your particular case)
- Medical exam fees ($200 to $500, depending on location and provider)
- Costs related to obtaining or translating documents
Budget carefully, knowing you must cover these fees again upon reapplication.
How Long Will You Need to Wait After Reapplying?
The processing time after reapplying for a green card can vary. Generally, it takes USCIS between 8 and 14 months to process green card applications. However, your wait time may differ based on:
- Your eligibility category
- USCIS workload
- Your local field office processing times
Checking the USCIS processing time webpage frequently can give you an idea of current timelines.
Tips for a Successful Reapplication
To improve your chances upon reapplying, you should address every reason listed in your denial notice, clearly and thoroughly. Include complete documentation to avoid further requests from USCIS. It’s important to remember to double-check all forms and details carefully before submission, and you should submit clear explanations if providing new evidence or correcting past issues.
Consulting with an experienced attorney to review your application will increase your chances of success.
Getting Professional Help
Immigration rules can be complex, and small mistakes can lead to significant delays or additional denials. Seeking legal advice from an experienced attorney can dramatically increase your odds of success.
A denied green card is not the end. Many applicants successfully receive their green cards after addressing initial issues and reapplying. With clear guidance, careful preparation, and professional support, you can greatly improve your chances for approval.
Contact us today for a consultation and let us guide you confidently through your reapplication process.