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USCIS rejected my application, now what?

Every year, USCIS rejects or denies thousands of applications.

Most often applications have a mistake and people can resubmit their application to have a successful result. However, your application fee money may not be returned so you may need to pay the fee again. 

This is why it is extremely important to work with an experienced lawyer or a nonprofit organization who can help you complete your U.S. citizenship application. In this quick guide we’ll explain the difference between a rejection and a denial, and what you can do to resubmit your application and repay your fees.  

What is a Denial? 

A denial is when USCIS fully evaluates your case and determines that you do not qualify for the immigration benefit that you applied for. You can reassess your case with a lawyer or a nonprofit organization to better understand if you may apply under a different USCIS form. 

Usually, USCIS will cash the check for the application fee. If you want to appeal their decision to re-apply, you will need to resubmit another application and fee. If you receive a letter of denial from USCIS this may also mean your case will be referred to immigration services and you may need to appear in court to assess your stay in the U.S. Reach out to a legal resource and learn if you can appeal this decision and resubmit your application.   

What is a Rejection? 

When USCIS rejects your application, it means that you filled something incorrectly. Rather than reviewing your entire case to see if you qualify for the benefit you applied for, USCIS sends your application back to you and does not cash your filing fee check. The most common reasons for rejection are: 

  • Filing application with an outdated form 
  • Filing an incomplete application 
  • Filing with missing signatures 
  • Filing with missing documents  
  • Filing with incorrect dates on the form 
  • Filing with pages missing on the form 
  • Filing with blank spaces that should be filled in the application 
  • Filing with an incorrect fee 
  • Sending your application to the wrong USCIS address 

How do I resubmit? 

Before sending your first application package make copies of everything, the filled-out form, supporting documentation, the mailing address you used, and the check you sent. If you receive a rejection letter from USCIS these documents will help you to better understand where you made a mistake. In the rejection letter from USCIS you will be told what the mistakes are and how to solve them, and you will be given a time period to respond with the correct information.  

If you don’t respond within that time period, your application may be denied. Make sure you are paying attention to your mail, email, and respond immediately to USCIS if you get rejected.  

To resubmit, identify the mistakes you made in your first application and fix them. Make sure you get support from a lawyer of a nonprofit organization to review your form, documents, and fee so there are no more mistakes. If USCIS asked you for documentation you cannot obtain you can submit a letter of explanation for this, but it is always better if a lawyer or a legal resource from nonprofit organization help you write this. Once all your mistakes are fixed you will send the application package to USCIS with your fee check.  

Mailing the application via courier or US Mail is preferred, since you will get a tracking number and can contact USCIS to ensure they have your application after you have been informed of delivery. After this you wait again to hear back from the government organization. 

What happens to your fee? 

USCIS may return your check if your application is rejected but not if it is denied. If you resubmit your application and were not given your initial check back, you will need to pay your fee again.  

For many applicants this is additional money they simply don’t have. You can consider using a low-interest credit card, getting a personal loan from family or friends, or applying to a 1% interest community lending immigration loan from OPA.  

Our loan is used exclusively to pay for USCIS fees, and you have one year to repay it. Once paid in full those funds are given to another immigrant applying to become U.S. citizen, or completing a USCIS process, so they can pay their fee as well. Together these immigration loans are changing lives of eligible immigrants working towards their citizenship, and we would be happy to help you in your journey too.  

Apply for an OPA loan online or reach us with your questions: 617-404-9797.

 

The information provided on www.onepercentforamerica.org is intended for general informational purposes only. It should not be considered as professional advice or a substitute for seeking professional guidance.

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