What Are Your Options When You Are Denied An Immigrant Visa (I-130) To The U.S.?

Being denied an immigrant visa I-130 to the U.S. can be a devastating setback to your family’s plans for the future, but it doesn’t have to be the end. You’ll be happy to know that just because your application has been denied does not mean you must accept the denial. You have options that can be explored to have your application reconsidered. This is true whether you were located within the United States or outside of the U.S. when you filed the application.

Reasons For Denial

Sometimes I-130 applications are denied due to simple mistakes or missing paperwork. At other times, denials are due to more serious issues. In either case, you will benefit from the help of an experienced Orlando immigration attorney. An immigration attorney can evaluate the situation that led to the denial and recommend steps to correct the problem and, hopefully, have the denial reversed.

Options After An Immigrant Visa Denial

In general, you have two options once an immigrant visa has been denied: appeal the decision or file a new application.

Option 1:

Appeal the Decision. Appeals are directed to the Board of Immigration Appeals (BIA) when the application was filed from within the U.S. The process is as follows:

  1. Applicant must file a notice of appeal with its corresponding payment.

 

  1. The BIA sends applicant a briefing schedule. This briefing schedule gives you time to submit a legal brief describing your arguments in support of the appeal. If the legal brief is not sent on time, the appeal is dismissed and you lose your case.

 

  1. Once the legal brief is received by the BIA, the Board will need some time to review the case and make a decision. The total BIA process can take between 8 and 12 months or longer, depending on the complexity of the situation.

 

  1. Once the BIA makes a decision, the case is over. However, in certain cases, you may appeal the BIA decision to the U.S. Federal Court for the Circuit where you live. Again, you have 30 days to file such an appeal.

If you filed your I-130 from outside the U.S. the process is slightly different. In that case, you will need to ask the principal consular officer to review your case. If the officer upholds the decision to deny the application, there is no appeal available, but you can usually start over again by refiling the I-130 petition.

Option 2:

New Application. Sometimes, a better course of action is to accept the original denial, but re-file the I-130 application with additional evidence. A denial does not mean you can’t re-apply for the same family member. Depending on your circumstances, reapplying may take less time that appealing the decision.

Seek Help From Our Orlando Immigration Office As Soon As You Receive A Notice Of Denial

If your application has been denied, don’t delay in contacting our Orlando immigration law office! Appeals must be filed within 30 days of receiving notice of the decision.

As soon as you receive notice of the denial, you should bring all of your documents such as a copy of your I-130, all supporting documentation, and the denial notice to our immigration attorney, Gail Seeram. Once we have all of the information in hand Attorney Seeram can recommend a course of action.

Contact our Orlando immigration law office at 1-877-GAIL-LAW or 407-292-7730 to schedule a free consultation and discuss your situation.