APPLICATION DENIED

The sponsorship application process is not always smooth, and an application denied is one of the biggest concerns for many applicants. So, what should you do when you receive a denial notice? Why was your sponsorship application denied? Along with other frequently asked questions, these will be answered in this article.

The article, “Application Denied: Answers to Frequently Asked Questions,” offers a clearer and more detailed view by addressing common questions from applicants. It also includes expert answers to help you not only understand the issues but also know the right way to address them. With over 15 years of experience in U.S. immigration, Immigration Global is committed to supporting you through the challenges in the sponsorship process.

1. WHY WAS MY SPONSORSHIP APPLICATION DENIED?

application-denied

An application denial can stem from various reasons such as:

– Incorrect or Inconsistent Information:

If there are discrepancies or mismatches in information across documents, such as personal details, addresses, or cohabitation timelines, the reviewing agency may question the legitimacy of the application.

– Unconvincing Relationship:

The reviewing agency may deny the application if they doubt the authenticity of the relationship, especially if there isn’t enough evidence to prove the relationship is genuine.

– Criminal History:

If the sponsor or the beneficiary has a serious criminal record, it may impact the likelihood of application approval.

– Past Immigration Law Violations:

If the beneficiary has a history of immigration violations, such as overstaying or unauthorized employment, the application may be denied.

– Failure to Meet Health Requirements:

If the beneficiary has a communicable disease or doesn’t meet health standards, the application may not be approved.

– Excessive Sponsorship by the Sponsor:

The reviewing agency may question the application’s validity if the sponsor has sponsored numerous individuals in the past.

For more detailed information on how to handle application denials, see here. The article provides specific guidance to help you understand the reasons for denial and effective ways to address them, ensuring a smoother process.application-denied

In the event of an application denial, the reviewing agency will send you a notification letter outlining the reasons for the denial. It will also indicate whether you have the right to appeal this decision. Be sure to read the letter carefully to understand the details and consider the next steps to take.

3. WHAT CAN I DO IF MY APPLICATION IS DENIED?

If your application is denied, you will receive a notice explaining the reasons for the denial. This notice will also inform you whether you can file an appeal. With certain exceptions, you may request to reopen or reconsider the decisions made on your application.

  • Appeal: This is a request for another agency to review USCIS’s decision. You can appeal certain decisions made by USCIS to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). These agencies have jurisdiction over various types of immigration cases.
  • Request to Reopen or Reconsider: This is a request to the same USCIS office that made the decision, asking them to review their ruling. In some specific exceptions, you can still file this request even if your application is not eligible for appeal.

Additionally, if you cannot appeal or file a request to reopen or reconsider, you may submit a new application. However, you will need to address the mistakes or provide additional information to increase the chances of approval.

4. HOW MUCH TIME DO I HAVE TO FILE AN APPEAL?

application-denied

Typically, your denial notice will specify how much time you have to file your appeal, and there are no extensions for this deadline.

5. HOW MUCH TIME DO I HAVE TO FILE A REQUEST TO REOPEN OR RECONSIDER?

Generally, you must file your request within 30 days from the date of the decision (not the date you received the decision). If the decision was sent by mail, you will have an additional 3 days (a total of 33 days to respond).

The time to file a request to reopen can be extended, but only if you can demonstrate that the delay was reasonable and beyond your control.

6. IS IT NECESSARY TO HIRE A LAWYER DURING THE APPEAL PROCESS?

application-denied

Although it is not mandatory, having a professional lawyer can help you prepare your appeal more thoroughly and significantly increase your chances of success. With the lawyer’s knowledge and experience, you will feel more confident when facing complex legal procedures.

At Immigration Global, we offer G-28 services. This service allows our lawyers to represent you directly. When you encounter legal issues with the NVC, USCIS, or the Consulate, we will handle difficult matters such as requests for additional documentation, interviews, appeals, or even litigation on your behalf. If you are looking for a companion on your immigration journey, we are always here for you!

7. WHAT ARE THE FEES FOR FILING AN APPEAL WITH THE Board of Immigration Appeal (“BIA”) FOR A DENIED APPLICATION?

application-denied

When the I-130 application or other decisions related to family sponsorship are denied, you can file an appeal with the Board of Immigration Appeals (BIA). The appeal process is conducted using Form EOIR-29 (Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer), along with a fee of $110.

8. WHAT TO DO IF THE BIA DENIES YOUR APPEAL?

After the BIA reviews the case, if they do not agree with the USCIS decision, they will request the office to reconsider the application. Conversely, if the BIA agrees with the initial denial after reviewing Form EOIR-29, the application will be officially denied.

In this case, the applicant will need to submit Form I-290B (Notice of Appeal or Motion) to the Administrative Appeals Office (AAO) at USCIS, along with a fee of $800.

If this motion is not granted, you may seek assistance from an experienced immigration attorney to ensure that your application is handled properly.

CONCLUSION

Through this article, we hope to have provided you with a clear understanding of frequently asked questions and their corresponding answers. If you encounter difficulties in the appeal process or need professional support, do not hesitate to contact us. We are always ready to accompany you on your immigration journey, helping you overcome obstacles and achieve your goals.

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As attorneys at Immigration Global, we are committed to addressing your circumstances and needs with our legal knowledge and experience. Let us accompany you on your journey to the American dream!

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