Can I apply again if my immigration case was denied?
Asked by: Jamaal Hermiston | Last update: January 27, 2026Score: 5/5 (26 votes)
Yes, you can often reapply after an immigration denial, but it depends heavily on the reason for the denial; you should file a new application if the issue (like missing info or a temporary eligibility gap) is resolved, but may need to appeal or file a motion to reopen/reconsider for legal/factual errors, with consulting an immigration attorney recommended to choose the best path.
Can USCIS reopen a denied case?
If the Administrative Appeals Office (AAO) issues an unfavorable decision, the appellant may file a motion to reopen the proceeding, a motion to reconsider the decision, or a combined motion to reopen and reconsider.
What happens if your immigration case gets denied?
Your denial or revocation notice will provide information about whether the decision may be appealed and where to file your appeal. A motion is a request to the USCIS office that issued the unfavorable decision to review its decision.
Can you apply again if you get denied a green card?
Unless your denial included serious grounds, such as fraud or having been convicted of certain types of crimes, you can typically reapply if your application for a green card is denied. Some of the situations where a green card is denied, but you can apply again, include: Missing or incomplete paperwork.
How long after refusal can I reapply?
The best time to reapply depends on the type of denial you received: For INA 214(b) Denials: You can reapply immediately, but waiting until you have new evidence of strong ties to your home country is advisable. For INA 221(g) Denials: If additional documentation was requested, submit it as soon as possible.
IMMIGRATION: MY CASE WAS DENIED; WHEN CAN I REAPPLY?
Can you apply for a US visa after denial?
A visa refusal under section 214(b) applies only to that specific application. Once denied, there is no appeal process, but applicants may reapply in the future. Before reapplying, applicants must wait until they can present clear evidence of significant changes in their circumstances.
What is a motion to reconsider in immigration?
A motion to reconsider either identifies an error in law or fact in the Immigration Judge's prior decision or identifies a change in law that affects an Immigration Judge's prior decision and asks the Immigration Judge to reexamine his or her ruling.
Will I be deported if my green card is denied?
Starting February 28, 2025, if USCIS denies your immigration application and you have no other valid immigration status, they can automatically issue a Notice to Appear (NTA)—officially starting deportation proceedings.
What is the 3 year rule?
A lawful permanent resident married to a U.S. citizen may be eligible to naturalize—become a citizen—after three years of living in marital union together. To qualify for naturalization under the marriage-based three-year rule, you must also: Be at least 18 years old.
What is the 2 year rule for green cards?
The "2-year rule" for green cards refers to Conditional Permanent Residence, where spouses of U.S. citizens married less than two years at the time of approval get a conditional green card valid for only two years to prove the marriage is genuine. To avoid deportation, they must file Form I-751, Petition to Remove Conditions on Residence, with their spouse within the 90-day window before the card expires, providing evidence the marriage is bona fide (real) to receive a 10-year green card.
Why do immigration cases get denied?
Providing false information or documents, or attempting to deceive immigration authorities, can result in a denial. This includes misrepresentation during interviews or on the application forms. Individuals who violate their nonimmigrant status or overstay a visa may face challenges when applying for a green card.
Can you come back legally if you self deport?
If you take Voluntary Departure, you may be able to return to the U.S. much sooner. take Voluntary Departure, you may be able to apply for a visa to return to the U.S. from your home country, or family members in the U.S. may be able to ask the government to allow you to enter the country legally.
What is the difference between USCIS case rejected and denied?
A denial is when USCIS fully evaluates your case, and basically determines that you do not qualify for the immigration benefit that you're applying for. A rejection is much different than a denial. When USCIS rejects a case, they do not review the case to determine whether or not you qualify.
What to do if your immigration case is denied?
Schedule a consultation with an immigration attorney.
Even if you handled the original case on your own, a denial is a sign you need support. A legal representative can help interpret the decision, evaluate your options, and avoid future missteps.
What is the time limit for motion to reopen?
(c) Time Limits -
As a general rule, a motion to reopen must be filed within 90 days of an Immigration Judge's final order.
How successful are immigration appeals?
The chances of winning an immigration appeal are generally low, often cited around 10% to 20%, with many sources noting success rates can be as low as 10-15% for Board of Immigration Appeals (BIA) (BIA) cases, depending heavily on proving legal errors by the immigration judge, not just re-examining facts. Success is significantly influenced by having strong legal arguments, proper evidence, meticulous preparation, and experienced representation, with some specific case types, like certain citizenship applications or prosecutorial discretion requests, showing higher rates.
Can an illegal immigrant marrying a U.S. citizen be deported?
The government can deport anyone who is not a US citizen. Marriage to a U.S. citizen does not prevent removal if you violate immigration laws, have deportation orders, or lack legal entry.
How many years on PR to get citizenship?
have enough physical presence or time lived in Canada. You must have been physically in Canada for at least 1,095 days (3 years) during your 5-year eligibility period.
Is the US suspending an immigrant visa?
United States authorities have said they will suspend the processing of immigrant visas for applicants from 75 countries. The suspension will take effect on January 21 and will affect applicants from Latin America and the Caribbean, the Balkans, and several countries in South Asia, Africa, and the Middle East.
Who is at most risk for deportation?
Those at highest risk for deportation include undocumented immigrants, especially those with any criminal record or prior removal orders, and certain lawful permanent residents (green card holders), asylum seekers, and visa holders with specific criminal convictions or violations of status, with priorities often shifting based on current immigration policies. Factors like entry without inspection, visa overstays, serious crimes (e.g., aggravated felonies, drug/domestic violence offenses), or even minor offenses (depending on the law) increase vulnerability, alongside recent actions targeting those with temporary protections like TPS or parole programs.
What is the new law for green card holders 2025?
New rules for green card holders in late 2025 focus heavily on mandatory biometric entry/exit systems, eliminating exemptions for young children and seniors, plus stricter vetting for benefits and travel, with increased scrutiny on issues like speeding tickets, false citizenship claims, and "public charge" factors, impacting travel, renewals, and naturalization applications, and generally tightening overall immigration processes.
What happens if you're denied a green card?
If your green card renewal was denied, you can file a motion to reopen or reconsider with USCIS within 30 days, reapply if the denial was due to correctable errors, or defend your status in immigration court if placed in removal proceedings.
How much is a motion to reconsider?
For example, the fee for an appeal to the Board of Immigration Appeals (BIA) is now $1,010 (up from $110), while a motion to reconsider or reopen before the BIA or Immigration Judge (IJ) is now $1,045 (up from $145).
How do I reopen an immigration case?
If an Immigration Court or the Board of Immigration Appeals has ruled that you must be deported, you may be able to file a Motion to Reopen. A Motion to Reopen (MTR) allows immigrants who lose their cases in immigration court to present new or changed facts to the immigration judge.
Is there a fee for IRCC reconsideration?
You can request reconsideration by submitting a letter through the IRCC Webform. You must show evidence of a visa officer's error. There is no fee for this request.