Getting a denial on your immigration case can feel like the ground just fell out from under you. Maybe you’ve spent months or even years gathering documents, waiting for appointments, and hoping for good news. Instead, you receive a notice that changes everything.
But the thing is, a denial is not the end. It's a major setback, yes, but it’s also a signal. A signal that something needs to be revisited, challenged, or rethought. And you’re not without options.
This guide walks you through the next steps you can take after an immigration denial. Whether you're dealing with a denied green card, visa, asylum claim, or adjustment of status, this blog will help you understand what might have gone wrong and what you can do to move forward. Let’s start by breaking down why these denials happen in the first place.
Understanding Why Your Immigration Case Was Denied
Before you can move forward, you need to know exactly what went wrong. Immigration cases are denied for a wide range of reasons, and not all of them are permanent roadblocks.
Common reasons include:
- Incomplete or inaccurate paperwork
- Missed deadlines or appointments
- Ineligibility due to criminal history, prior removals, or unlawful presence
- Insufficient supporting evidence
- Changes in the applicant’s circumstances (like marriage, employment, or financial status)
When you receive a denial, it should come with an explanation. This is called the Notice of Decision. Read it carefully. The language can be technical, but it will usually point to the specific section of the law that affected your case. If the wording is confusing (and it often is), don’t hesitate to seek clarification.
Understanding the reason behind your denial helps determine your next move. Is it something you can fix and reapply? Or does it require a legal challenge?
Once you’ve read the decision, your next steps matter, especially how quickly you act.
What to Do Immediately After a Denial
Getting a denial can feel overwhelming, but this is the time to slow down and stay focused.
Here’s what you should do right away:
- Do not panic or leave the country (unless advised). Your presence in the U.S. might still be legal depending on your visa status and the timing of the denial. Leaving prematurely could trigger consequences like bars on re-entry.
- Note any deadlines. Appeals and motions often come with strict time limits—some as short as 30 days. Mark these dates immediately so you don't lose your chance to act.
- Organize your paperwork. Gather everything you submitted during your case, along with any official responses. This file will be key for your next steps.
- Schedule a consultation with an immigration attorney. Even if you handled the original case on your own, a denial is a sign you need support. A legal representative can help interpret the decision, evaluate your options, and avoid future missteps.
Once you’ve gotten your bearings, it’s time to explore how to respond. In many cases, that means filing a motion to reopen or reconsider.
Filing a Motion to Reopen or Reconsider
A motion is not an appeal—it’s a request for the same immigration office to review your case again. But it only works under certain conditions.
Here’s the difference between the two main types:
1. Motion to Reopen
This asks the office to look at new facts or evidence that weren’t available during your original application. Maybe you received new documents, or there’s updated information about your case.
This motion must include:
- A written explanation of the new evidence
- The actual documents you're submitting
- A legal argument showing how this changes the decision
It’s not enough to say the denial was unfair—you must bring something new to the table.
2. Motion to Reconsider
This one’s about legal error. You're saying the officer applied the law incorrectly based on the evidence already provided.
You’ll need to:
- Cite the specific legal mistake
- Reference immigration law or prior cases that support your position
Both motions have a deadline, usually 30 days from the date of the denial, though this can vary depending on the agency involved (like USCIS or EOIR). It's crucial to file the correct motion or risk wasting valuable time.
If your motion is strong, the office may reverse its decision. But if not, it’s time to consider filing an appeal.
When and How to File an Appeal
Unlike a motion, an appeal sends your case to a higher authority. You’re essentially saying, “I believe the original officer made a mistake, and I want another office to take a second look.”
Where your appeal goes depends on your type of case:
- USCIS cases (like family-based green cards or work visas) typically go to the Administrative Appeals Office (AAO).
- Removal or deportation cases go to the Board of Immigration Appeals (BIA).
- In rare cases, appeals can go to federal court, but that’s a more complex process.
Filing an appeal is a bigger commitment than a motion. It usually takes longer, costs more, and involves more legal nuance. But it might be the right move if:
- The law was misapplied in your case
- The officer ignored key evidence
- Your rights were violated during the process
It’s not ideal for fixing minor mistakes or adding new documents—that’s better handled through a motion.
And to file, you'll need to:
- Complete the correct form (like Form I-290B for most USCIS appeals)
- Pay the filing fee
- Write a strong legal brief explaining why the decision was wrong
- Submit it on time, usually within 30 days of the denial
Once submitted, the appeals process can take several months. During that time, your case will not move forward unless expedited.
If your appeal is successful, the original denial is overturned. If it’s denied, you may still have one more option: federal court litigation, but this is where legal support becomes even more essential.
Still unsure whether to file a motion or an appeal? This is where a seasoned immigration attorney becomes your greatest asset.
How an Immigration Attorney Can Help You Move Forward
Immigration law is complex. Once a case is denied, everything becomes more high-stakes. You don’t want to make your next move based on guesswork, especially when deadlines and legal language are involved.
An experienced immigration attorney from Hubbs Law, P.A. can help you:
- Interpret the denial notice in plain terms
- Determine whether a motion or an appeal is the better route
- Spot details in your original case that might’ve been overlooked
- Build a stronger, evidence-backed strategy
- Ensure no deadlines are missed
If you're considering reapplying, we can help rebuild your case from the ground up, avoiding the issues that led to your first denial. If you're facing removal, we can represent you in immigration court, challenge legal errors, or push for relief options you might not have known existed.
You don’t have to navigate this alone. A denial isn’t the end of your immigration story—it’s the beginning of a new chapter. Let us help you write it.
Whether your case involves family sponsorship, asylum, DACA, employment-based immigration, or deportation defense, our team is ready to support you. Reach out to us at (305) 570-4802 or fill out our online form to get started.