Denial Notice from U.S.C.I.S. - What next?

A decision denying a visa application may be the result of several factors -

(a) Failure to respond to a request for evidence or appearance. If all requested initial evidence and requested additional evidence is not submitted by the required date, the application or petition shall be considered abandoned, and therefore denied. For example, if an individual requested to appear for fingerprinting or for an interview does not appear, and the USCIS does not receive his or her request for rescheduling by the date of the interview, the application or petition shall be considered abandoned and therefore denied.

A denial due to abandonment may not be appealed, but the applicant or petitioner may file motions to reopen or reconsider, or alternatively file a new application or petition with a new filing fee.

If the applicant or petitioner believes that the law was inappropriately applied or the analysis used in reaching the decision was inconsistent with the information provided or with precedent decisions, a motion to reconsider may be filed. If new or additional information becomes available, a motion to reopen may be filed.

Any motion to reopen or reconsider an action by the U.S.C.I.S. must be filed within 30 days of the decision that the motion seeks to reopen or reconsider.

A motion to reconsider must state the reasons for reconsideration and must be supported by copies of any pertinent law, regulation or precedent decisions.

A motion to reopen must state the new facts to be proved and be supported by documentary evidence.

(b) Inconsistent answers given by a married couple at a stokes marriage interview regarding their purported relationship are grounds for a denial, because they do not support their claim of a bona fide marriage . Such inconsistencies pertain to fundamental aspects of a bona fide marriage, including cohabitation and comingling of assets and finances, and in this case, the spouse petitioner has failed to meet the burden of proof to establish the claim of a bona fide marriage and eligibility for immigration benefits for his or her spouse.

In the event of a denial, the Petitioner spouse can appeal the adverse decision by filing a completed Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision by a USCIS officer, along with a supporting brief and filing fee within 30 days of the date of the decision notice.

The beneficiary spouse may file a motion to reopen or a motion to reconsider using Form I-290B Notice of Appeal or Motion within 30 days of service of the decision notice.