Marriage-based immigration petition DENIED?

If a marriage-based immigration petition (Form I-130) is denied and the immigrant has overstayed their visa, the options are limited, but not necessarily hopeless. The denial notice will specify appeal or motion options. Overstaying a visa can create issues with inadmissibility, but marriage to a U.S. citizen can provide a pathway to legal status through adjustment of status, provided certain conditions are met.

Here’s a breakdown of potential scenarios and options:

1. Denial of Form I-130:

Review the Denial Notice:The denial notice from USCIS will outline the specific reasons for denial and whether an appeal or motion to reopen/reconsider is possible.
Appeal (if available):If the denial is appealable, file Form I-290B, Notice of Appeal or Motion, within the specified timeframe.
Motion to Reopen/Reconsider:If an appeal is not available, consider filing a motion to reopen or reconsider with Form I-290B, potentially addressing the issues that led to the denial, according to USCIS.
Refile (if appropriate):If the denial was due to missing evidence or minor errors, refiling the I-130 petition with complete and accurate information might be an option.

2. Visa Overstay and Inadmissibility:

Overstay Implications:Overstaying a visa can lead to inadmissibility, particularly if the overstay was for a significant period (more than 180 days).
Marriage to a U.S. Citizen:Marriage to a U.S. citizen can provide a path to adjustment of status, potentially overcoming the inadmissibility issues related to the overstay.
Adjustment of Status:If eligible, the immigrant can apply for adjustment of status using Form I-485, while also filing the I-130.
Waivers:In some cases, a waiver of inadmissibility (Form I-601) may be needed to address the overstay, especially if it was a long-term overstay.
Consular Processing:If adjustment of status is not possible, the immigrant may need to pursue consular processing for a green card at a U.S. embassy or consulate abroad.

3. Seeking Legal Advice:

Consult Immigration Attorney Gail Seeram: It is highly recommended to consult with an experienced immigration attorney to assess the specific situation, understand the options, and navigate the complex legal processes.
Thorough Review of Case: Immigration Attorney Gail Seeram will review the denial notice, analyze the overstay details, and determine the best course of action, including potential waivers or other strategies.

Important Considerations:

Time is of the essence:The timeframe for appealing or filing motions is limited, so prompt action is crucial, according to USCIS.
Evidence of Bona Fide Marriage:For marriage-based cases, it’s vital to provide strong evidence of a genuine and ongoing marital relationship.
Increased Scrutiny:USCIS is known to scrutinize marriage-based petitions more closely, especially when there are issues like visa overstays.

For more information on Marriage-based immigration,

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