My Green Card Application Was Denied – What Are My Options?

As an immigration attorney at SG Legal Group, I often meet clients who come to me after the disappointment of a green card denial. While most applicants receive a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) before USCIS issues a decision, many are still unprepared for the possibility of denial. Understanding why it happens—and what you can do next—is essential.

‍

Common Reasons Green Card Applications Are Denied

In my practice, I regularly see denials based on:

• Incomplete or incorrect I-864 Affidavit of Support. The I-864 is one of the most technical forms in the immigration process. Even minor mistakes—such as failing to attach IRS transcripts or miscalculating household income—can result in denial.

• Missing or inadequate supporting evidence. USCIS requires precise documentation. Submitting uncertified copies, failing to provide translations, or overlooking key records often leads to denials.

• Status or admissibility issues. Prior immigration violations (such as overstays or unauthorized employment) or certain criminal records may make an applicant ineligible unless a waiver is granted.

• Improper responses to RFEs or NOIDs. Many applicants believe that sending “something” in response is enough. In reality, USCIS expects full, persuasive, and well-documented answers.

In most cases, USCIS signals potential problems through an RFE or NOID. These notices are often the last chance to correct deficiencies before a denial.

‍

What Are Your Options After a Denial?

A denial does not always mean the end of your immigration journey. Several legal avenues may still be available:

‍

Motion to Reopen or Reconsider

If USCIS overlooked evidence, made a legal error, or if you have new documentation, you may file a motion to reopen or reconsider. This allows USCIS to review the decision without starting from scratch.

‍

Administrative Appeal

Some denials may be appealed to the USCIS Administrative Appeals Office (AAO). An appeal challenges the legal reasoning of the denial, rather than introducing new evidence. Appeals are highly technical and must be filed quickly.

‍

Refiling the Application

In many cases, the most practical approach is to re-file the entire application. This can be effective if the denial was based on procedural issues rather than ineligibility. For example, a corrected I-864 with complete tax documentation may resolve the problem.

‍

Exploring Alternative Strategies

If denial stems from eligibility concerns, other options may exist. For example, applicants found inadmissible may pursue an I-601 waiver, while those with expiring temporary status may need a different strategy to maintain lawful presence.

In my practice, I carefully evaluate each client’s case to decide whether a motion, appeal, or re-filing is best. The right path depends on the facts of the case, the grounds for denial, and the client’s immigration goals.

‍

Why Professional Guidance Matters

Self-prepared applications often underestimate the complexity of U.S. immigration law. Forms like the I-864 require strict compliance, and even small oversights can result in months—or years—of delay.

Language access also plays a major role. I work with clients in English, Russian, and Romanian, and I have seen how misunderstandings of USCIS notices cause applicants to miss deadlines or submit incomplete responses. Professional representation ensures deadlines are met, evidence is complete, and legal arguments are properly presented.

‍

Practical Takeaways for Applicants

• Do not assume a denial is final—you may still have options.

• Take RFEs and NOIDs seriously; they are often the last chance to correct problems.

• Act quickly—motions and appeals are time-sensitive.

• Seek professional help to avoid costly mistakes.

• Remember: every case is unique, and the right strategy depends on your circumstances.

‍

Conclusion

If your marriage-based green card application has been denied, it does not have to be the end of your immigration journey. I, Attorney Oleg Gherasimov, and my team at SG Legal Group carefully evaluate each client’s situation to determine whether a motion, appeal, or a new filing offers the best chance of success.

Consultations are available in English, Russian, or Romanian. Call 410-618-1288 or visit our contact page to schedule a consultation.