Getting a decision from USCIS can take a long time. After waiting for many months or even years for a decision, a denial is the last thing that you want to see. Many times your family has been separated during this period and with the denial you might be facing even more time away from your fiancé, wife, husband, child, parent or sibling.
With all of that said, a denial does not have to be the end of the road. Here is what you should look for when you review the denial notice:
Did they make an error in their decision?
Yes even USCIS makes mistakes. There are human beings looking at your case files and everyone has their bad days. Check to make sure that the denial notice is consistent with the application that you filed. For instance, did you submit evidence in response to a request for evidence that they are saying they never received? Also, check to make sure that they are not claiming that you did not file your application at the appropriate time when you actually did. These types of mistakes are heartbreaking, because you will have to wait more time—but the silver lining is that they are some of the easiest mistakes to correct.
Is it based on a wrong section of the law?
This is a bit harder to spot, because you would have to be more well-versed in immigration laws than the regular applicant to spot these types of mistakes. If USCIS denies your application based on a misinterpretation of the law, then you will need an immigration lawyer to give you’re their legal opinion on how you can go about fixing this and getting your loved one the visa that you have applied for.
Does it state how you can appeal the decision?
If there were mistakes on your application, whether a simple USCIS error or a more complicated misinterpretation of the law in your case, then you may need to appeal the decision or reapply. Appealing a decision can be done in different ways. For instance, you could submit a motion to reopen or reconsider the decision. In some instances, you might be advised to forgo that and just reapply for the benefit because it may take longer to go through the appeals process than it would take to just send in a new application that has all of the correct information.
I recommend that you get your case reviewed by an immigration lawyer if you have been denied. Your situation may only need a simple fix—or your money might be better sent sending in a new application that is well put together the second time around.