Which denial, which route
A green card case usually involves more than one filing, and each is reviewed differently. Most denials of an adjustment of status application cannot be appealed to an administrative appeals body; the usual options are a motion to reopen or reconsider with USCIS, a new filing, or raising the application again before an immigration judge if removal proceedings begin. A denied family petition is generally appealed to the Board of Immigration Appeals, while many employment-based petition denials go to the Administrative Appeals Office. A denied petition to remove conditions on residence is usually reviewed in removal proceedings rather than through an appeal. Reading the notice for the exact form and the options it lists comes first.
Records for the review
Keep the denial notice and note the date on it, since short deadlines usually run from that date. Gather the full application as filed, every request for evidence and your responses, and anything handed to you at the interview. If the denial cites missing evidence, collect what was missing and note why it was not submitted earlier. If it cites fraud or misrepresentation, do not submit anything new until you have spoken with a lawyer, because that response needs care. You can also request a copy of your immigration file through a records request, which can show what the officer relied on.
Appeal, motion, or refiling
An appeal or a motion makes sense when the decision misread the record or applied the wrong standard. A new filing is often more practical when the problem was missing evidence that you now have, although refiling brings its own fees and wait. If you are no longer in valid status, the choice has to account for the possibility of removal proceedings. Policy on referring denied applicants to immigration court has changed recently, so that risk is checked case by case. Our review ends with the right route for your green card denial, its deadline, and what each option asks of you.
