If you’re a U.S. citizen or green card holder who has petitioned for your noncitizen spouse to get a green card, receiving a denial can be devastating. A negative decision doesn’t just impact your spouse – it affects your life and future together.
But a denial doesn’t have to be the end of the road. Depending on the reason, you may have options to challenge the decision or reapply.
Common Reasons for Spouse Green Card Denials
Marriage-based green card applications can be denied for several reasons:
- USCIS isn’t convinced the marriage is authentic, suspecting possible marriage fraud
- The noncitizen spouse is found inadmissible to the U.S. on health, criminal, security, or other grounds
- Insufficient evidence/documentation was provided to prove the marriage is legitimate
- Required deadlines, appointments, or procedures were not followed or attended
The specific reason for denial will be stated in the denial notice you receive from USCIS. It’s important to understand this reason in order to determine if and how you can contest the decision or reapply.
Responding to a Denial: Appeals, Motions, Reapplying
If your I-130 petition is denied, you’ll receive a denial notice explaining why and outlining your options. Generally, you can:
- Submit a Motion to Reopen or Reconsider to USCIS
- Appeal the decision to the Board of Immigration Appeals (BIA)
- File a new petition (often with more evidence)
Motion to Reopen/Reconsider
A Motion to Reopen asks USCIS to reopen your case to review new facts/evidence that wasn’t available before and could change the outcome. A Motion to Reconsider argues that USCIS made an incorrect decision based on law/policy.
The deadline to file these motions is generally 30 days from the denial notice date. There is a filing fee. If successful, USCIS will reopen your case and review it, considering the new evidence or arguments.
Appealing to the BIA
You can appeal the I-130 denial to the BIA within 30 days using Form EOIR-29. The BIA is an administrative appellate body that reviews USCIS decisions. If the BIA overturns the denial, your case returns to USCIS for continued processing based on the BIA’s guidance.
BIA appeals are highly technical – you’ll likely need an immigration attorney to navigate the process and make the strongest legal arguments. There are fees for appealing.
Reapplying
In some cases, rather than trying to contest the denial, it may make more sense to file a new I-130 petition. This is often true if you’ve obtained additional strong evidence that your marriage is bona fide or have evidence to overcome the issue that led to the denial.
When considering reapplying, it’s best to consult with a family-based immigration lawyer to understand your options, chances of success, and suggested timing for refiling.
Risks of Ignoring a Denial
If you don’t take action after an I-130 denial, your spouse could face serious consequences, including denial of their green card application, which can lead to:
- Being placed in removal proceedings and facing deportation
- Accruing “unlawful presence” in the U.S., which can lead to bars on reentry
- Losing eligibility for future immigration benefits
- Having a removal order issued, which could result in arrest/detention by ICE
It’s critical to be proactive if your spouse’s I-130 petition and green card application are denied. Don’t stick your head in the sand – get reliable legal guidance ASAP to understand your options and mitigate risks.
What About Denied Green Card Applications?
Most spousal green card cases require two steps:
- The U.S. citizen/resident files Form I-130 to establish the qualifying marriage relationship
- The non-citizen spouse files Form I-485 to apply to adjust status to permanent resident, which requires showing admissibility and paying fees
If the I-485 is denied but the I-130 is approved, the non-citizen foreign spouse cannot get a green card and may need to refile the I-485 with more evidence/fees or could potentially pursue a green card through consular processing abroad.
If both the I-130 and I-485 are denied, options are more limited. Possible actions include refiling one or both forms with new evidence, contesting the denials via motions/appeals as discussed above, or exploring other visa routes.
Compassionate, Experienced Legal Help for Denied Spousal Green Cards
At the Law Office of Lina Baroudi in San Jose, CA, we understand the heartbreak and stress of a denied green card for your spouse. We’re here to help you understand what went wrong and fight for the future you deserve.
Our compassionate immigration attorneys have extensive experience with complex marriage cases, including successfully challenging erroneous green card denials. We’ll carefully assess your situation, explain your options, and mount the strongest possible case.
Your marriage is real—you shouldn’t suffer due to USCIS mistakes or misunderstandings. Contact us today to start exploring solutions to bring your spouse home for good. With skilled counsel in your corner, you may still achieve your American dream together.
