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Parent's Green Card Application Denied: Understanding Your Options

If your parent applied for a green card and the U.S. Citizenship and Immigration Services (USCIS) says "case was denied," it means they've decided your parent isn't eligible for permanent residency in the United States. Here's what you need to know and what steps you can take:

Understanding the Denial

When USCIS denies a case, they will send a denial notice explaining their decision. While disappointing, this information is crucial for determining your next steps. You won't get your application fees refunded, but you may have options to appeal or pursue other immigration paths.

Key Forms in the Application Process

Depending on your parent's situation, you may have filed:

• Form I-130: Petition for Alien Relative (https://www.uscis.gov/i-130)
• Form I-485: Application to Register Permanent Residence or Adjust Status (https://www.uscis.gov/i-485)
• DS-260: Immigrant Visa Electronic Application (https://ceac.state.gov/ceac/)
• Form I-131: Application for Travel Document (https://www.uscis.gov/i-131)
• Form I-765: Application for Employment Authorization (https://www.uscis.gov/i-765)

Case Status Updates

Before a denial, you might see these status updates on the USCIS Case Status Online page (https://egov.uscis.gov/casestatus/landing.do):

1. Case Received: USCIS acknowledges receipt of your application.
2. Case Was Rejected: Your application had errors and wasn't processed.
3. Request for Additional Evidence: USCIS needs more information.
4. Case Was Transferred: Your application moved to a different service center.

Denial vs. Rejection: Understanding the Difference

• Case Denied: USCIS determined your parent doesn't qualify for a green card.
• Case Rejected: There were errors in your application, but you can correct and resubmit.

What to Do After a Denial

1. Review the Denial Notice: Understand why USCIS denied the application.
2. Consider an Appeal: You may be able to file Form I-290B (https://www.uscis.gov/i-290b) to appeal the decision.
3. Explore Other Options: There might be alternative paths to residency.
4. Reapply: If circumstances change, you might be able to submit a new application.

Seeking Legal Help

While it's possible to handle straightforward green card applications without a lawyer, denials often require legal expertise. An immigration attorney can:

• Review your case and the denial notice
• Identify potential grounds for appeal
• Help explore other immigration options
• Guide you through reapplication if appropriate

You can find accredited immigration attorneys through the American Immigration Lawyers Association (AILA) directory (https://www.ailalawyer.com/).

Remember, each immigration case is unique. While a denial is disappointing, it doesn't necessarily mean the end of your parent's immigration journey. With the right guidance and approach, you may still find a path forward.

For more information on family-based immigration, visit the USCIS Family of U.S. Citizens page (https://www.uscis.gov/family/family-of-us-citizens).

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws and regulations may change, and individual circumstances vary. Consult a qualified immigration attorney for specific legal counsel. OpenSphere is a technology company, not a law firm, and is not affiliated with or endorsed by USCIS or any government entity.