What to Do If Your Immigration Case Was Denied: Legal Options and Second Chances
Getting a denial on your immigration case can feel heartbreaking—but it doesn’t have to be the end of the road. Whether your case was for asylum, a family-based petition, adjustment of status, or another process, there may still be legal remedies available to fight back or try again.
In this blog, we’ll walk you through the most common next steps and what they mean—so you can make an informed decision about your future.
1. Understand the Reason for the Denial
The first and most important step is to read your denial notice carefully. USCIS or the immigration court will usually explain the reason for the decision. Common reasons include:
Missing or incomplete documentation
Ineligibility based on criminal history or prior immigration violations
Incorrect or inconsistent information
Failure to respond to a request for evidence (RFE) or attend an interview
Knowing the exact reason helps determine whether appealing or reapplying is the better route.
2. Consider These Legal Options:
-Motion to Reopen
If new evidence or facts have come to light that weren’t previously considered, you may be able to file a Motion to Reopen. This is typically done within 30–90 days of the decision and must include supporting documentation that could change the outcome.
-Motion to Reconsider
If you believe the decision was made in error or misinterpreted the law, a Motion to Reconsider asks the same office to review the decision based on legal arguments. This is best filed when there are no new facts, just a different interpretation of the law.
-Appeal
In some cases, you can appeal the decision to a higher authority, such as the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). Appeals must follow strict deadlines and legal procedures, so it’s highly recommended to do this with the help of an immigration attorney.
-Reapplication
If your case was denied due to incomplete paperwork or lack of evidence, reapplying may be a good option. Just make sure you address the reasons for denial in your new application.
3. Timing Is Everything
Most motions and appeals must be filed within 30 days of the decision. Missing a deadline can severely limit your options, so act quickly and consult a legal professional as soon as possible.
4. Why You Should Consult an Immigration Attorney
Even though it's possible to file motions and appeals on your own, immigration law is complex and constantly changing. A knowledgeable attorney can help you:
Understand your specific denial reason
Recommend the best legal option
Represent you before immigration authorities or courts
Avoid costly mistakes or delays
A denial doesn't mean the end of your immigration journey. Many people go on to win their cases or obtain legal status after fighting back or correcting earlier mistakes. Don’t give up—get informed, act fast, and seek professional help.
Need help figuring out your next step?
Book a consultation with our team to review your case and explore your options with an experienced immigration attorney.