Practical Steps and Legal Options After a USCIS Denial
May 22, 2025
Receiving a denial of your marriage-based green card application can be devastating, especially after months or even years of waiting. But a denial doesn’t have to mean the end of your immigration journey. Whether your case was denied due to a lack of evidence, procedural missteps, or more serious allegations, there are steps you can take to move forward.
LaToya McBean Pompy, who immigrated to the United States herself, was inspired to help families unite by founding McBean Law, a New York immigration law firm. If you or a loved one needs assistance with denaturalization issues or visa applications, don’t hesitate to reach out to us today. You can contact us here or call (914) 898-9488 to schedule a private consultation with LaToya and her team of experienced immigration attorneys, who are ready to guide you through every step of the process.
Step 1: Understand the Reason for Denial
The first and most important step is to find out exactly why your case was denied. Was it due to a simple lack of evidence? Or something more serious, such as an allegation of fraud or a sham marriage?
If the government claims your marriage is fraudulent, they must provide substantial and probative evidence that you entered into the marriage for immigration purposes only. Understanding the reasoning behind the denial shapes every decision you make moving forward.
Step 2: Evaluate the Status of Your Marriage
Next, assess the current state of your relationship. Are you and your spouse still together and committed to continuing the immigration process? The strength and stability of your marriage will directly impact whether you can refile the case or consider other legal avenues.
If you are still together in a genuine marriage, you might be able to file an appeal of your case or refile. For some people, they might be eligible to move forward with their case on their own if they are no longer with their spouse. An experienced immigration lawyer can help you determine whether you’re eligible for such a process.
Step 3: Decide Whether to Appeal or Refile
You generally have 30 days to file a motion to reopen or reconsider the decision. This short deadline means that you must act quickly to secure an experienced immigration attorney to review your options.
Appealing may be appropriate if there was a legal or procedural error in the decision, or if new evidence has emerged. However, in many cases, refiling the application especially with stronger documentation and better preparation, can be the better choice. This route is especially viable if your marriage remains strong and your spouse is supportive.
Step 4: Consider Self-Petitioning if Necessary
If your marriage has ended, or your spouse is unwilling to participate in the process again, you may have options to apply on your own. Self-petitioning may be available through:
- VAWA, if you experienced abuse or extreme cruelty during the marriage.
- A waiver-based Form I-751, if you’re a conditional resident.
- A widow(er) petition, if your spouse has passed away.
Each of these paths requires specific evidence and eligibility, so professional legal guidance is highly recommended.
You can watch Attorney LaToya McBean Pompy’s YouTube video, “What Should You Do If Your Marriage Petition Is Denied (I-130 and I-485)” for a more in-depth explanation of what to do after a denial.
