Can You Appeal a Denied Visa or Green Card Application?

August 26, 2025

The disappointment of a visa or green card denial can be disheartening, especially if you have been planning and preparing for your move to a new country. However, a denial doesn’t always mean the end of the road. For many, there are options to appeal the decision and potentially secure the positive outcome they deserve. Zaveri Law Firm P.C. can help you challenge a denied visa or green card application and chart a path forward.

Common Reasons for Denials

Before discussing the appeal process, it’s critical to understand why applications are denied. Common reasons include:

• Incomplete or Incorrect Applications  

Missing forms, incomplete information, or errors can lead to denials.

• Insufficient Supporting Evidence  

Insufficient proof of qualifications, relationships, or financial resources can result in refusals.

• Eligibility Issues  

If an applicant does not meet the specific eligibility criteria (e.g., family ties or work-related sponsorship), the application may be denied.

• Criminal or Security Concerns  

Past criminal records or security-related flags often lead to denials.

• Misrepresentation  

Providing false or inaccurate information can severely impact the application.

Understanding the exact reason for your denial is a key first step in determining how to proceed.

Steps to Appeal a Denial

The process for appealing a visa or green card denial depends on the specific circumstances of your case. Here’s how to approach it:

1. Understand the Denial

• Review the denial notice issued by U.S. Citizenship and Immigration Services (USCIS) or a consular officer.
• Check for a detailed explanation of the refusal, along with any applicable rules or regulations.

2. Determine Eligibility for Appeal

• Not all denials can be appealed. For instance, discretionary decisions made by a consular officer typically cannot be appealed but may qualify for reconsideration. On the other hand, USCIS decisions often allow appeals.  
• Some common forms of recourse include:
  • Filing an Appeal with the Administrative Appeals Office (AAO).
  • Requesting a Reconsideration if factual or legal errors exist in the decision.
  • Refiling Your Application with corrected or additional information.

3. Follow the Deadlines

Timing is critical. Most appeals must be filed within 30 to 33 days after the denial, depending on whether the notice was served in person or by mail.

4. Gather Supporting Evidence

Strengthen your case by collecting evidence to refute the denial reasons. Examples include financial records, work credentials, or proof of family relationships.

• Practical Tip: Verify documentation accuracy to avoid further issues.

5. Prepare & File the Appeal

• Complete the appropriate forms, such as Form I-290B (Notice of Appeal or Motion), if applicable.  
• Include a legal brief or statement explaining why the decision should be overturned, with references to evidence and applicable laws.
• Common Challenge: Failing to address all denial points in your appeal can weaken your case.

6. Seek Legal Guidance

A successful appeal often requires keen legal insight. An immigration attorney can review your circumstances, provide clarity on available options, and develop a strategic plan tailored to your needs.

Why Legal Counsel Is Crucial

Appeals are often complex, requiring in-depth knowledge of immigration laws and procedures. Additionally, the decisions in these cases can have lasting impacts on your ability to live or work in the United States. Engaging with experienced legal professionals like Zaveri Law P.C. ensures you receive the guidance and support you need during this difficult time.

Contact Us

A denied visa or green card application can feel overwhelming, but it’s important to know that you may have options. By acting promptly, understanding the reasons for the denial, and seeking legal advice, you can take meaningful steps toward resolving your case. At Zaveri Law P.C., we are committed to assisting individuals and families in overcoming immigration challenges and pursuing their dreams. Contact us to discuss your case and explore how we can help you move forward.