What Options Exist When Your Application Is Denied?

In recent articles we discussed that effective September 11, 2018, a new policy memorandum provides USCIS adjudicators with full discretion to deny any application without first issuing a “Request for Evidence” (RFE) or a “Notice of Intent to Deny” (NOID), “when appropriate”, but it does not clearly define what that means. (Please see “New Policy Gives USCIS Officers Full Discretion to Deny Applications without Allowing Applicant to Respond” and “What Type of Cases Will USCIS Deny without Allowing Applicant the Opportunity to Respond?”)

What Are Your Options When Your Application Is Denied?

1. Refile the application
   Applicants can refile the entire application and pay all the fees again, correcting whatever issue is listed in the denial notice.
   This will likely be the fastest and most certain solution.
2. Appeal the decision (if the type of application filed allows for an appeal)
   Applicants can appeal the denial if they claim to have submitted sufficient initial evidence, but the USIS officer wrongly determined otherwise and denied the case.
   It is unknown whether this option would succeed because the new policy does not provide a tangible measure for “sufficient evidence”. Based on the foregoing, this option may be much less certain than simply refiling the entire application.

The new policy raises the risk of denial if your application packet is incomplete or inaccurate. It is therefore critical to consult with an experienced immigration attorney prior to submission of your application to help avoid any negative consequences resulting from a denial. Contact our experienced immigration attorneys at 312.671.4785.