Navigating the complex U.S. immigration process can be daunting. Today, we will talk about what you should do if USCIS has rejected your case.

LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.

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What Should You Do?

See this topic on our YouTube channel – USCIS Rejected My Case. What Should I Do?

So, you’ve prepared your file, either on your own or with assistance. You’ve included your filing fee and signed every page that should be signed. You check the instructions, and you believe that you’ve attached all of the evidence that the government is asking from you. Finally, you send your file in. Maybe you even send it by express mail or overnight delivery because you heard that things are slowing down with immigration.

You do all of this, only to have your file sent back to you shortly thereafter, along with your check or your money order.

And then you wonder what went wrong – “What did I do wrong, and what should I do next?”

Why Was Your File Rejected?

The reason for the rejection will determine what your next step really should be.

Clerical Error

The most common form of rejection is some sort of filing error.

You might have missed something such as an initial piece of evidence that’s required of you. Or you may have forgotten to include a copy of your passport or birth certificate, or something equally as important. You might have forgotten to sign one of the petitions or other documents, etc.

So, the government simply sends it back to you without even cashing your check. This is the most common reason why the government would reject your filing -something small, something that is fixable on your end.

Insufficient Funds

The other type of rejection that can happen is if there’s insufficient funds in your bank account and your check bounces.

In this case, the government will request that you pay a $30.00 penalty fee for the inconvenience this issue has caused.

If this happens to you, pay the fee online via the link provided on the rejection notice you’ve received, and print a copy of the receipt. Include this proof of payment as evidence when you re-file your petition.

Denial VS Rejection

Please keep in mind that the government’s policy is that if they do reject your file, because you’ve missed an initial required evidence, then they do have the right to deny you rather than reject the file.

There is a difference between rejection and denial.

• A rejection simply means that there was some sort of filing or clerical error, and they are sending the entire packet back to you along with your filing fee money order.
• A denial means that they have actually made a decision on your case, and it has been adjudicated. In this case, they will have cashed your check or money order already. The government will not credit you or consider the filing fee that you had paid previously, so you will need to submit another filing fee when re-filing.

With a rejection, they have not made a decision based on your merit or application, and therefore this will not be held against you. From their standpoint, it is like nothing happened to begin with, and all you should do is fix the issue and re-file.

However, a denial is an adjudicated decision and there are consequences that come with that decision. If it was a serious petition such as the I-485, the consequences of a denial may include having to appear in immigration court.

But do not panic! The best thing you can do is partner with an experienced immigration lawyer who can assist you in fixing this issue.

Importance of Deadlines

Our team has one major tip for you in case of denials or rejections: Try to file ahead of time before a big deadline!

Although it rarely happens that smoothly, try your best to file ahead of time so that you will have enough time to then cure the problem and refile, and still make it in time for that deadline.

Planning Your Roadmap to Success

Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.

If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.

LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.