It’s a harsh reality that not all green card marriage interviews result in joyous outcomes. Immigrants, even those married to U.S. citizens, sometimes face the disappointment of denials. Alongside the emotional toll, they also endure financial losses and time-consuming processes.
However, there is hope. Many marriage green card denials can be overturned, allowing couples to reunite and preserve family unity. Here is what you need to know about navigating the path to reversing adverse decisions made by the U.S. Citizenship and Immigration Services (USCIS).
Reasons for denial
The USCIS can deny a marriage-based permanent residence application for various reasons. They include:
- Insufficient supporting evidence
- Incomplete application details
- Ineligibility
- Criminal history
- Fraud or misrepresentation
It is important to understand the reasons behind the decision if you intend to challenge a denied application. Usually, you will receive official communication about the same from the USCIS.
What are your options?
You have two options – file a new application or challenge the decision. It all depends on the prevailing circumstances of your case. For instance, filing afresh may be your best bet if your application is denied due to incomplete details.
However, you may be better off reopening the green card denial if the USCIS made factual or legal errors in its decision. This can happen if there is previously unavailable evidence or an improper disregard or misinterpretation of the law.
Get the necessary help
The timelines for challenging a denial are usually limited, and the process can be fairly complex and time-consuming. Therefore, acting quickly and seeking legal guidance is crucial to identify the best course of action. It can help increase your chances of a successful result, whether you decide to file afresh or challenge the decision.