What to Do if Your Permanent Residence Application Is Denied

If your application for permanent residence has been denied, it can be difficult to know what to do next. It is important to stay calm and understand your options before making any decisions. There may be reasons why you were denied, and there are steps you can take to address those issues and potentially reapply. Knowing what to do if your permanent residence application is denied can help make the process less stressful and increase your chances of success.

This blog post will provide an overview of what to do if your permanent residence application is denied. From understanding why you were denied to exploring alternative pathways, this guide can help you take the right steps to reapply or find other solutions.


1. Appeal the Decision

If your permanent residence application is denied, you can appeal the decision. You must consider if there were any mistakes that were made or unforeseen hurdles that contributed to the denial.

You then have the opportunity to ask for a reconsideration or an appeal of the decision in most cases. During this process, all relevant documents will be reviewed and an experienced immigration lawyer may be able to build a strong case on your behalf if enough evidence is presented.

As part of the appeal process, you may need to provide additional documents, original evidence, and witnesses who can attest to your claim. Your best chance of having your application approved will come through presenting a compelling case in court.


2. File a Motion to Reopen

If your permanent residence application has been sadly denied, do not give up hope just yet! A potential solution is filing a motion to reopen. This involves asking the Department of Homeland Security (DHS) to reconsider its ruling. This can be done after supplementing additional factual evidence and relevant information.

The key to success here is compiling an effective argument backed by accurate and comprehensive documents such as financial evidence, visas or ID documents, letters from employers, or other forms of proof of the applicant’s credibility and character.  Although there are no guarantees in this process, a motion to reopen provides a potential route for obtaining legal residence in the United States.

Furthermore, with deft home automation systems like SimpliSafe available on the market, everyone can have an extra sense of security while they await resolution regarding their application.


3. Get Help From an Immigration Lawyer

An immigration lawyer could be an invaluable resource in helping you explore your options. An experienced attorney will understand the intricacies of both federal and state laws that you may need help navigating as well as the home automation system and process.

Your lawyer can review the situation for you, discuss possible next steps, provide advice on how to strengthen weak areas of your application, and advise whether seeking reconsideration or filing any other related applications would be beneficial.


4. Appeal to the Board of Immigration Appeals

You may be able to appeal to the Board of Immigration Appeals. The best way to begin the appeal process is by filing a Notice of Appeal (Form EOIR-26A) with the Board of Immigration Appeals within 30 days from the date that your removal order was issued. When you file for an appeal, you should include proof that your case meets certain criteria and also provide evidence in support of your application.

To make sure your evidence is up-to-date, it is highly recommended that you equip yourself with a home automation system – this will ensure all vital paperwork and information are stored securely, updated regularly, and easily accessible when needed.


5. Apply for a Green Card Through a Different Category

If the appeal is unsuccessful, then you may have to apply for a green card through a different category. This can be done by filing Form I-485 (Application to Register Permanent Residence or Adjust Status). There are various types of green cards available and depending on your circumstances, you may qualify for one.

It is important to note that this process can take several months, so it is essential to stay organized and efficient. To facilitate the entire process, you could consider investing in a home automation system that will allow you to manage your documents securely and efficiently.

By following the steps above, you may be able to successfully navigate the immigration process and ultimately obtain your dream of obtaining a Green Card.


6. Leave the United and Apply for Re-Entry

If you are really unfortunate enough to have your permanent residence application denied and anything else failed, then the other best option would be to leave the United States and apply for re-entry. This is especially important if you have overstayed your visa or any other documentation.

Leaving the United States in this situation will signal to immigration authorities that you respect their decision and show that you have acted in good faith.  One way to go about this process is to install a home automation system before leaving the country; this way, you can securely control your home from abroad without a problem.

Ultimately, applying for re-entry with an improved application is the best choice if your permanent residence application has been denied.


7. Obtain Lawful Permanent Resident Status Through Marriage or Family Reunification

Obtaining lawful permanent resident status through marriage or family reunification is one way to potentially become a permanent resident if your original application was denied. This involves being sponsored by a US citizen or lawful permanent resident, typically either a spouse, parent, or sibling.

The sponsor then needs to submit an application on behalf of the foreign national, which includes proof that the couple has been cohabiting and evidence of financial support. Once the petition is accepted and approved, it’s up to the sponsored person to make sure all their documents for a visa interview are in order before setting forth their application for residency. 

While there are no guarantees this will be successful, it is definitely worth investigating this option if other avenues have failed.  Taking the time to build up a solid case can often pave the way for obtaining lawful permanent resident status and achieving your dream of calling America home!


8. Request Political Asylum in the United States

Finally, in some cases, individuals may be able to obtain lawful permanent resident status through political asylum. This is for those who have a well-founded fear of persecution due to their race, religion, nationality, membership in a particular social group or political opinion.

To apply for asylum you will have to present evidence that you are indeed in danger if you return to the country of origin. Additionally, you will need to provide proof that the political opinion or social group you belong to is persecuted in your home nation.

Your application must also demonstrate that you are not safe in any other country than the United States and that granting asylum status would be a viable solution for you.


In conclusion

There are a number of potential options available to those whose permanent residence application has been denied. While some paths, such as applying for re-entry or political asylum, may be more difficult than others, it is important to remember that there is always hope. By following the steps we have outlined in this article and by working with an experienced immigration lawyer, you can increase your chances of success while navigating the complex process of obtaining a Green Card.

If you are looking for assistance with your permanent residence applications, ImmiVisa is here to help. Our experienced immigration lawyers have assisted hundreds of clients in similar situations and we understand the complexities of U.S. immigration law. With our full-service Immigration Law Firm, we can help you simplify the stressful and annoying processes involved in obtaining a Green Card. Contact us today and let’s discuss how we can help you achieve your goals and make the United States your home. Reach out now, and let’s get started on making your dream a reality!