What to Do If Your Family-Based Immigration Petition Is Denied

Receiving a denial notice for a family-based immigration petition can feel devastating. After months or even years of waiting, a denial can leave you feeling hopeless and confused. It is important to remember that a denial is not always the end of the road. Understanding your options and acting quickly can make a difference. Here’s what you should do:

• Understand the Reason for Denial: Carefully read the denial notice to identify the specific reasons USCIS rejected your petition.
• Explore Your Options: You may be able to file a motion to reopen or reconsider, appeal the decision, or reapply with a stronger case.
• Seek Professional Legal Advice: The most critical step is to consult an experienced immigration attorney, like Sverdloff Law Group, who can provide guidance and develop a clear strategy.

What are my options after a petition denial?

This is the first question on everyone’s mind. The path forward depends entirely on why your petition was denied. USCIS will provide the reasons in the denial letter. Was it due to insufficient evidence of a bona fide relationship? Did you fail to meet income requirements as a sponsor? Or was there a simple mistake on the form? The answer to these questions will determine your next steps.

Your main options are:

1. File a Motion to Reopen or Reconsider: If you believe the decision was based on an error of law or fact, or if you have new evidence that was not available at the time of the original decision, you can file a motion. A motion to reopen presents new facts, while a motion to reconsider argues that the decision was legally incorrect.
2. File an Appeal: If you believe USCIS made a legal error in their decision, you can file an appeal with the Board of Immigration Appeals (BIA). An appeal focuses on convincing a higher authority that the initial officer misinterpreted the law.
3. Reapply with a New Petition: In many cases, especially those involving insufficient evidence, the most effective strategy is to file a new, stronger petition. This allows you to address the weaknesses of your original application from the start.

Can I appeal the decision?

Yes, you can appeal a denial, but it is crucial to understand if an appeal is the right choice for your situation. Appeals are best suited for cases where you can argue that USCIS made a clear legal error. For example, if the officer misapplied a specific section of immigration law to your case, an appeal would be appropriate.

However, if the denial was due to a lack of evidence, an appeal is unlikely to succeed. The BIA typically does not consider new evidence. In such cases, filing a new petition with stronger documentation is often a more practical and faster approach. An attorney can help you figure out which path offers the highest chance of success.

How can I build a stronger case if I reapply?

Reapplying gives you a fresh start. Use this opportunity to address every concern raised in the denial notice. For instance, if USCIS questioned the authenticity of your marriage, you can strengthen your new application by including:

• More Comprehensive Financial Records: Joint bank account statements, shared credit card bills, and joint tax returns.
• Additional Proof of a Shared Life: Photos from various life events with family and friends, travel itineraries, and correspondence.
• Affidavits from a Wider Circle: Sworn statements from employers, landlords, neighbors, and community leaders who can attest to your relationship.

Each piece of evidence helps paint a more complete picture for the USCIS officer, leaving no room for doubt.

Your Immigration Ally is Here to Help

Facing a denial is a deeply emotional and stressful experience. You have invested so much hope and effort into bringing your family together, and a setback can feel overwhelming. You do not have to face this challenge alone.

At Sverdloff Law Group, we understand the stakes. We are here to be your trusted immigration ally, providing the empathetic support and legal guidance you need. We will carefully review your denial notice, explain your options in clear language, and develop a personalized strategy to move forward. Your family’s future is our mission.

If your family-based petition has been denied, contact us today for a consultation. Let us help you turn this setback into a step toward success.