What happens if my i 130 is denied

It will therefore be very important to remove this from the record. This must be filed by the U. This notice of appeal must be filed within 30 days from when the denial decision was mailed to you. After that, you have 21 days to file a written brief to support your appeal.

This written brief should clearly state why you believe that the original USCIS decision is incorrect in this case, why your marriage is not fraudulent. As part of the written brief, you can provide new evidence that you did not include in the original application, whether it was an oversight or previously unavailable evidence. This would be fundamentally the same type of evidence mentioned in the list above. There is a slim chance that the BIA will schedule an oral argument for you to expand on your appeal in person, but the most likely scenario is that the BIA will make a decision entirely based on your written appeal.

Therefore, it is important to make sure your appeal is thorough as it is the one opportunity you will have to convince the BIA that your marriage is real. Regardless of the reason for the denial and the next step you are thinking of taking, it is important to have an experienced immigration attorney assist you to ensure your second chance does not go to waste. An experienced immigration attorney will help you figure out why your application was denied and can help you re-file your application or file an appeal that will have the best chances of being approved.

To schedule an initial consultation with us today, don't hesitate to contact us at Here are the basic steps:. Not every person will have a chance to renew an application in Immigration Court.

However, you are free to try again, from the beginning, with a request for lawful permanent residence through adjustment of status. If USCIS did not revoke or deny your underlying family petition IF or I then you just need to file a new application to adjust status I with the petition receipt and all other supporting evidence.

You will need to pay all fees over again, as well. Whether you will be successful at obtaining a green card either by renewing your claim in immigration court or submitting a new one depends on why the application was denied in the first place. Some reasons for denial will be easy to overcome, others could be insurmountable. Here are some common issues to consider. If you are truly eligible to adjust status, but just did not prepare your application well the first time, you could succeed when you renew or refile by including more information and evidence.

Most often, in cases based on marriage, USCIS denies an application if it did not think there was enough evidence that the marriage was bona fide.

If your marriage is nontraditional in some way large age difference, separate living quarters, hasty marriage after a short courtship , these are considered red flags , and USCIS will expect a large amount of evidence showing that you have a bona fide marriage relationship.

For example, the denial might be based on a past criminal conviction or a prior order of removal. If USCIS made a legal or factual error, you might, when you refile or renew, be able to present evidence or legal arguments to show that you are not, in fact, inadmissible.

However, if USCIS was correct about the facts and the law, then you can expect a denial if you renew or refile without first taking other steps to remedy the basis for your apparent inadmissibility. In some cases, you might be able to request a waiver of inadmissibility.

The rules for waivers are complicated, however. Speak with an attorney to find out whether you qualify for a waiver. Not everyone is eligible to adjust status in the United States rather than applying though the "normal" channel, known as consular processing, in which the interview takes place in another country.

For example, if your spouse is not a U. Also, noncitizens who entered the U. If USCIS made a legal or factual error, and you actually are eligible to use the adjustment of status procedure to apply for your green card, then you might be able to succeed when you renew or refile by showing your eligibility.

The U. It's up to you, the applicant, to prove that you and your spouse are attempting to establish a life together—not just entering into a convenient arrangement to get the noncitizen a green card. Immigration Law? Therefore, you must convince the B. It's best to submit your written brief along with the appeal, but if you are running out of time, file the appeal form and then submit a brief later, within 21 days.

This will give you a better opportunity to fully detail your arguments as to why the marriage is bona fide or real. USCIS staff attorneys may, in some cases, answer the appeal with a detailed written legal brief of their own, stating the agency's case.

Or, USCIS may simply issue a short statement in support of its decision denying the marital petition. If your appeal alleged an error procedural or otherwise that USCIS made in the adjudicative process, it could prompt the agency's staff attorneys to request that the case file be remanded back to it, in order to take further action of its own on the case.

Consulting with an attorney is a smart move when an immigration agency makes an allegation of marriage fraud, because of the seriousness of the matter.

A finding of marriage fraud could prevent you from being able to seek any other immigration benefits. Additionally, there are significant criminal penalties for committing marriage fraud. Experienced immigration attorneys have likely filed numerous appeals in alleged marriage fraud cases and can give you a good assessment of potential success on appeal and whether filing the appeal is appropriate.

These attorneys should also be experienced in writing appellate briefs and can give you a stronger voice before the B. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

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Meet the Editors. If your marriage is the real thing, but USCIS has denied an I or green card application because it viewed it as fraudulent, either an appeal or re-filing might make sense. Consider Consulting With an Immigration Attorney Regarding Your Options Consulting with an attorney is a smart move when an immigration agency makes an allegation of marriage fraud, because of the seriousness of the matter.