When your green card application is denied, the next step is rarely simple. It brings questions, stress, and an urgent need to act. But in many cases, a denial is not the end of your immigration journey. It may be the start of a structured path toward further review.
In 2025, the green card appeal process continues to evolve under updated immigration law and tighter review standards. U.S. immigration services offer several appeal and motion options, but each comes with deadlines, rules, and eligibility limits. Knowing what steps to take and when to take them could change the course of your immigration case.
If your green card application was denied, understanding your appeal rights is critical. This article explains who can appeal, how the process works, and what options are available under current law.
Who Can Appeal a Green Card Denial—and When?
Not every denied green card application can be appealed. The right to appeal depends on who filed the petition and the type of decision made by U.S. Citizenship and Immigration Services (USCIS).
In most cases, only the petitioner, not the person seeking the green card, can file the appeal. For example, if a U.S. citizen files a visa petition (Form I-130) for a spouse and it’s denied, only that citizen can request a review. If the immigrant petition was self-filed (such as in a VAWA case), the applicant may appeal directly.
You must file a written request using Form I-290B, typically within 30 calendar days of the date on your denial notice. If mailed, you may have 33 days. Late appeals are almost always dismissed, with few exceptions. Before filing, it’s essential to carefully review the notice. It will tell you if your case qualifies for an appeal, or if your only option is a motion to reconsider or reopen.
The USCIS Administrative Appeals Office (AAO) handles appeals for many types of petitions, such as employment-based or humanitarian filings. Other denials, especially those issued in immigration court, may go to the Board of Immigration Appeals instead.
Understanding the Different Appeal Routes
The Administrative Appeals Office (AAO) reviews many green card petition denials issued by USCIS. This includes certain employment-based cases, waivers, humanitarian petitions, and some benefit requests.
When you file a green card application appeal with the AAO, the first step is a review by the original USCIS office that made the decision. This is known as “initial field review.” If they find an error, they may reverse the denial without sending it to the AAO. If not, the appeal moves forward for full appellate review.
The AAO conducts a de novo review, which means it examines the case from the beginning without relying only on the past findings. You can submit a legal brief and additional evidence, but it’s not required. The AAO won’t call witnesses or hold hearings. Most decisions are based entirely on documents.
Once a case is under review, the AAO can either dismiss the appeal, approve the request, or send it back to the local field office for further review. Most appeals are resolved within six months, though complex cases can take longer.
The entire process is document-driven. You’ll need to convince USCIS using clear arguments, complete supporting documentation, and a strong explanation of why you meet the eligibility criteria.
Reasons USCIS May Deny a Green Card Application
A green card denial can feel devastating, but it often comes down to four key areas: eligibility problems, inadmissibility issues, financial support concerns, or missed procedural steps.
1. Eligibility Failures
USCIS may deny an application if it finds the evidence insufficient to prove a qualifying relationship or category. For example, in a marriage-based green card case, weak documentation of a bona fide marriage can lead to rejection. Similarly, an employment-based application might be denied if the immigrant petition lacks proper verification of job duties or required credentials.
2. Inadmissibility Grounds
Immigration law bars applicants with certain health issues, criminal convictions, fraud, or past unlawful presence in the U.S. The green card application denial will usually cite a specific ground, such as submitting false information or failing background checks. These denials often require a waiver request to move forward.
3. Public Charge and Sponsor Issues
Even though the strict public charge rule was rescinded, USCIS still assesses financial sponsorship. If the U.S. sponsor does not meet income thresholds or the affidavit of support contains errors, the petition might be denied. Immigration services often flag sponsors who fail to demonstrate sufficient means.
4. Procedural Failures
Simple mistakes such as an unsigned form, failure to attend a biometrics appointment, or ignoring a Request for Evidence can trigger a denial. USCIS offices treat procedural compliance seriously. Even minor oversights, like submitting an incorrect application or filing fee, may stop the case.
The AAO Appeal Process Step-by-Step
If USCIS denies your green card petition, and the decision is appealable, you may request further review through the Administrative Appeals Office (AAO). This process allows you to challenge the denial and present new arguments or documentation.
What Form I-290B Does and How It Works
To begin an appeal, you must file Form I-290B. This form tells USCIS you’re asking for appellate review of the unfavorable decision. Only the original petitioner, not the beneficiary, may usually file the green card application appeal. Along with the form, applicants may submit a written request that highlights errors in the original decision and presents supporting documentation.
Initial Field Review
Once received, the original USCIS field office that denied the petition reviews the appeal first. If they agree with your arguments, they may reverse the denial without forwarding the case to the AAO. This step is known as the initial field review, and it can result in quicker favorable action.
Timeframe for AAO Decisions (180 Days Standard)
If not resolved locally, the case moves to the AAO, part of Citizenship and immigration services. The AAO conducts a de novo review, meaning they re-examine the facts and law from the beginning. According to current trends, the AAO aims to decide most cases within 180 days. However, complicated immigration issues or requests for more evidence may delay this.
What Happens if Your AAO Appeal Is Dismissed or Remanded
If the AAO agrees with USCIS, they will dismiss the appeal. If they need more clarity or corrections, they may remand the case back to USCIS for further review. In rare cases, they will sustain the appeal, overturn the original decision, and grant the benefit.
Keep in mind, appellate review does not automatically pause removal or other consequences unless a stay is granted. It’s essential to carefully review your denial notice and act quickly.
Appeals in Immigration Court: When Removal Is Involved
When a green card application denial leads to removal proceedings, USCIS may issue a Notice to Appear. This puts the applicant into deportation proceedings under the Department of Justice. The case then moves from USCIS to an immigration judge within the Executive Office for Immigration Review (EOIR).
The Judge’s Role in Your Case
The immigration judge reviews the facts of your case from the beginning. This includes testimony, supporting documentation, and legal arguments. Unlike administrative appeals through AAO, these court cases may include oral hearings and new evidence. Judges are allowed to issue a new decision, independent of the USCIS findings.
Taking the Case to the BIA
If the immigration judge denies relief, you may appeal to the Board of Immigration Appeals (BIA). You must file a notice of appeal within 30 days of the judge’s decision. The BIA focuses on legal and procedural issues rather than new facts. It may choose to affirm, reverse, or return the case to the judge for further review.
Why Legal Representation Matters
Immigration court appeals are complex. You must meet all eligibility criteria while building a case that shows USCIS or the judge misapplied the law. A skilled immigration attorney can help you avoid mistakes, submit the right evidence, and argue effectively. Without strong legal guidance, a denial at this stage can result in permanent consequences, including removal from the U.S..
What If You Cannot appeal? Motions to Reopen or Reconsider
When an appeal isn’t available or if it has been denied, you may still file a motion to reopen or a motion to reconsider.
A motion to reopen introduces new evidence that wasn’t previously submitted. A motion to reconsider asks USCIS or the BIA to review its decision based on legal or factual error.
Deadlines are short: usually 30 days (or 33 if mailed) for USCIS, and 90 or 30 days for the BIA, depending on the type of motion.
Motions don’t stop removal by default and won’t succeed without clear justification. That’s why it’s critical to seek help from an immigration attorney who can strengthen your written request.
Legal Options After a Denied Appeal or Motion
If an appeal or motion fails or is not allowed, other legal options may still exist. Sometimes, the strongest step is to refile the petition with stronger supporting documentation and better preparation. For example, if your green card application was denied for lack of evidence, your attorney can help collect additional proof and correct past errors.
If the issue was inadmissibility (such as prior unlawful presence, fraud, or certain crimes), you may qualify for a waiver like Form I-601. These waivers are complex and require you to demonstrate extreme hardship to a qualifying relative or other legal grounds.
Applicants placed in removal proceedings can seek relief in immigration court, such as cancellation of removal, adjustment of status, or protection under other immigration laws.
In rare cases, you may pursue federal court review to challenge legal errors or request voluntary departure to avoid future reentry bars. An experienced immigration attorney can help assess what path fits your case.
How Long Does It Take—and What Are the Chances?
Timelines and outcomes vary depending on where and how you appeal. The Administrative Appeals Office (AAO) aims to complete most decisions within 180 days of receiving a full record. In early 2025, over 94% of AAO appeals were completed in that window. However, complex immigration cases or those requiring additional evidence can take longer.
Appeals filed with the Board of Immigration Appeals (BIA), which reviews immigration judge decisions, usually take longer. It often takes several months, and in high-volume periods, over a year. Still, this step can be critical if you face removal proceedings or complex immigration law disputes.
Approval rates also differ. Most AAO decisions are dismissed, but applicants who file with strong arguments, supporting documentation, and timely legal guidance tend to see better results. Your success depends on the benefit request, how clearly you convince USCIS, and how well your case fits current eligibility criteria.
How Chidolue Law Firm Helps Green Card Applicants After Denial
If you’ve received an unfavorable decision on your green card application, this isn’t the end. At Chidolue Law Firm, we guide clients through the next legal steps, appeals, motions to reconsider, or strategic refiling depending on what your immigration case requires.
We begin by carefully reviewing your denial notice and previously submitted materials. Our team identifies errors, missing supporting documentation, or potential eligibility arguments that the USCIS office may have overlooked.
We handle filings like Form I-290B, build strong legal briefs, and work directly with immigration services to correct record issues. If your case involves removal proceedings, we prepare you for oral argument before an immigration judge or file a written request with the justice’s board.
We don’t just respond, we build. Our attorneys help collect new evidence, clarify your eligibility, and navigate appellate review with clarity and purpose. Every filing is done with precision to avoid future delays or application fee losses.
Your Next Move: Rebuilding After a Denial
A green card denial can feel overwhelming, but it’s not the end of the road. With the right legal support, you still have options. The key is acting quickly, gathering stronger evidence, and understanding which path best fits your situation.
Every immigration issue is personal. That’s why a clear legal review is essential before any next step. Whether you qualify for an appeal, a motion, or a waiver, the right approach depends on your documents, your history, and your goals.
You don’t need to face this alone. At The Chidolue Law Firm, we help clients take back control of their immigration future with clarity, confidence, and the legal power to move forward.
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