A denial notice from USCIS is stressful, but it is usually not the last word. What you can do next depends on the type of case, the reason for denial, and your immigration status. Deadlines are short, so the first step is to read the notice carefully and note its date.
Read the denial notice first
The notice explains why the case was denied and usually states whether an appeal or motion is available and where to file it. Key details:
- the form and receipt number;
- the legal basis for denial;
- the date of the decision; and
- whether the decision can be appealed, and to which office.
Option 1: Appeal
Some denials can be appealed to the Administrative Appeals Office (AAO)The USCIS office that reviews appeals of certain USCIS denials and revocations, filed on Form I-290B, generally within 30 days of the decision. The USCIS office that issued the decision reviews the appeal first and may grant it. If it does not, it forwards the case to the AAO. Not every USCIS decision can be appealed to the AAO.See it in the glossary (AAO). Those appeals are filed on Form I-290B with the office that made the decision, not directly with the AAO. Denials of most family petitions on Form I-130Petition for Alien Relative, filed by a U.S. citizen or permanent resident to establish a qualifying family relationship with an intending immigrant.See it in the glossary are appealed instead to the Board of Immigration Appeals (BIA)The administrative body within the Department of Justice that hears appeals from immigration judges and certain USCIS decisions.See it in the glossary, using Form EOIR-29. According to the Form I-290B instructions, most appeals and motions must be filed within 30 days of the decision, or 33 days if it was mailed. Appeals of certain immigrant petition revocations must be filed within 15 days, or 18 if mailed. The filing fee is $800 under the current schedule.
Not every denial is appealable. Many Adjustment of statusThe process of applying for a green card from within the United States, rather than through a consulate abroad. Filed on Form I-485.See it in the glossary denials, for example, cannot be appealed to the AAO.
Option 2: Motion to reopen or reconsider
A motion asks the same office to look again.
- Motion to reopenA request asking an immigration judge or the Board of Immigration Appeals to reopen a case after a decision so new facts or evidence can be considered. As a general rule it must be filed within 90 days of the final order, and only one is generally allowed, with exceptions set out in INA 240(c)(7) and the regulations.See it in the glossary: presents new facts, supported by evidence, that could change the outcome.
- Motion to reconsider: argues the decision was wrong based on the law or USCIS policy using the evidence already in the record.
Both use Form I-290B and follow the same general deadlines. A late motion to reopen may be excused only in limited circumstances.
Option 3: Refile
For many benefits, a new application can be filed if the problem can be fixed, such as missing evidence or a correctable error. Refiling may be faster than an appeal. It requires a new fee and starts a new processing timeline. For time-sensitive categories, such as cap-subject Cap-subject and cap-exempt (H-1B)The H-1B category has an annual limit of 65,000 new visas or statuses per fiscal year, plus 20,000 more for people with a U.S. master's degree or higher. Petitions counted toward that limit are cap-subject. Petitions from higher education institutions, their related or affiliated nonprofits, and nonprofit or governmental research organizations are cap-exempt.See it in the glossary petitions, refiling may not be possible.
Option 4: Review in immigration court
If a denial leaves a person without status, USCIS may issue a Notice to Appear (NTA)The charging document that starts removal proceedings in immigration court.See it in the glossary, starting Removal proceedingsThe formal court process, formerly called deportation, in which the government seeks to remove a noncitizen from the United States.See it in the glossary. In court, some applications, including certain adjustment of status applications, can be renewed before an immigration judge. That route has its own risks and rules.
Option 5: Federal court
Some final agency decisions can be challenged in federal district court under the Administrative Procedure Act. This is usually a later step, after administrative options, and requires a lawyer.
Status after a denial
This is often the most urgent question. A denial of an extension, change of status or adjustment application can end a person’s authorized stay. Filing a motion or appeal generally does not by itself give permission to remain or work. Anyone whose status depended on the denied application should get advice immediately, because unlawful presence may begin to accrue.
Common denial reasons
- Missing or insufficient evidence after a request for evidence.
- Failure to appear at biometrics or an interview, treated as abandonment. See what happens if you miss biometrics.
- Filing the wrong form edition or fee, which usually leads to rejection rather than denial.
- Ineligibility, such as status violations or inadmissibility grounds.
- Credibility concerns, including inconsistent statements.
Rejection is different from denial
A rejection means USCIS did not accept the filing, often for a wrong fee, missing signature or outdated form. The case never started. A rejected filing can usually be corrected and resent, but deadlines may be missed in the meantime.
Consular refusals are different
A visa refusal by a consular officer is governed by different rules and generally cannot be appealed. See what a visa denial means.
What to do this week
- Note the decision date and calculate the 30 or 33 day deadline.
- Check your current status and whether you can still work.
- Gather the full record, including the request for evidence and your response.
- Decide between appeal, motion or refiling with qualified help.
Choosing between appeal, motion and refiling
- Appeal suits cases where the officer misapplied the law and a higher body may see it differently. It can take many months.
- Motion to reopen suits cases where new evidence fixes the gap, such as a missing document.
- Motion to reconsider suits cases with a clear legal error on the existing record.
- Refiling suits cases where the defect can be cured and timing allows.
Some applicants file a motion and refile at the same time, depending on status needs. The right choice depends on the reason for denial and the person’s status, so it is worth getting advice.
Requests for evidence and notices of intent to deny
Many denials are preceded by a request for evidence or a notice of intent to deny. These notices set deadlines and explain what USCIS thinks is missing. A complete, well-organized response is often the best chance to avoid a denial, and responses cannot usually be supplemented after the deadline. If you receive one, treat it with the same urgency as a denial.
Common questions
Can I appeal an I-485 denial?
Generally not to the AAO. Options may include a motion to reopen or reconsider, refiling if eligible, or renewing the application in immigration court if proceedings begin.
How long do appeals take?
Timeframes vary and can be many months. Check the AAO’s current processing information.
Does a pending motion let me keep working?
Usually not by itself. Work authorization depends on a separate valid basis.
Can the beneficiary of a petition appeal?
Usually only the petitioner or applicant can file Form I-290B, with limited exceptions, such as certain beneficiaries of revoked I-140 petitions.