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When A Denial Is NOT A Denial: Three Common Examples

Posted by attorney Elizabeth Blandon

A denial on an application for immigration benefits does not necessarily prevent foreigners from an approval on a second or different application. The truth is most denials are just roadblocks. They can be overcome on the road to an approval.

Learn from your mistakes. The number one way to overcome a denial is to let an experienced attorney find out how to overcome the denial in your particular case.

Cases can be denied for many reasons:

  • A petition for a spouse can be denied for abandonment, meaning requested evidence was not provided or an interview was ignored.
  • Tourist visas can be denied for failure to demonstrate that the foreigner only intends to come to the United States for a short time.
  • Foreigners who fail to appear for an Immigration Court hearing may have been issued an order of removal. This is known as an in absentia order.

These denials can be overcome with additional evidence. A person petitioning for their spouse can supply additional evidence of the validity of their marriage that they did not have when they first applied. The longer a couple has been married, the more likely it is they will have evidence to prove their relationship is real. A couple can provide birth certificate of any children, joint utility bills, photographs of trips taken together, and letters from friends and employers.

A tourist visa denial can be overcome with sufficient proof of permanent ties in the home country, such as employment, family, and housing.

Foreigners with an outstanding order of deportation may submit a Motion to Reopen their case if they have a new reason for relief. For instance, if after the foreigner was issued an order of deportation, they subsequently married a U.S. citizen and are eligible for adjustment of status. Likewise, if they applied for asylum and now the situation in their home country is worse.

Learn from your mistakes. Obtain new evidence including the documents specifically indicated as missing the first time you applied. Because immigration law is changing every day, an experienced immigration attorney will help open the door to success in the United States.

Although the author is a Board-certified immigration expert, this guide is intended as general information and not specific legal advice. This communication does not create an attorney-client relationship. Schedule a consultation with an attorney to address individual concerns.

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