If you entered a good faith marriage, insufficient evidence may be the primary reason for your denial. In both of the steps to take after you receive notice of your I denial, you must provide ample evidence to prove why this denial should be reconsidered.
You will be asked to appear in Immigration Court for a removal proceeding , also known as I deportation. If your I is denied and you receive an NTA, contact your immigration attorney right away.
If your I is denied, deportation is a possible outcome, but you do still have the opportunity to submit additional evidence. An I denial due to lack of evidence is not final, and working with an experienced immigration attorney will make a significant impact on the final outcome of your case.
Your immigration attorney will be able to review the reasons why your I was denied and will prepare the necessary documents and affidavits you need for your case. When you are called to appear in court, remember it is for removal proceedings. At your trial, you will have the opportunity to present your evidence to justify your marriage as bona fide. Immigration court cases can last for up to three years before your final hearing, which can be to your benefit.
Working with an experienced immigration lawyer to help navigate your trial and present your case to the judge is an advantageous move. Your I denial of deportation can be argued against with the help of an attorney. Remember that there will be government attorneys who will be advocating for your deportation, so having a lawyer on your team can make all the difference. Although it is rare, you could be in the position where your Form I is denied and you do not receive a Notice to Appear.
If this is the case, you will be able to refile Form I USCIS will include an explanation for why your petition to remove conditions on your green card was denied.
You will then know what to correct in your form and can begin refiling I after your original denial. Because this is your refiling, it is beneficial to work with an experienced immigration attorney. Refiling I after denial is only possible if you are not called to court. You are also not allowed to make an appeal if your I is denied a second time. If your I was denied because of lack of evidence, some documentation that may be helpful to support your case may include:. If you have submitted your petition to remove conditions on your green card and had your I denied, reach out to an experienced immigration lawyer.
The immigration attorneys at Scott D. Will I be deported in the process? Can I still work or travel? A: It appears that you followed the law by filing Form I , Petition to Remove Conditions from Lawful Permanent Residence, and supporting documentation when you were required to do so. That resulted in the issuance of the receipt notice extending your permanent resident status for an additional year while the I is pending.
If it does not receive a response to its request within the specified time frame, it will deny the I petition. You may have been issued a Request for Additional Evidence, but you never received it and thus did not respond, ultimately resulting in the denial of the I petition.
Reasons an I Petition Is Denied. It is important these copies are clear and show both your names. It is also important these documents are new and cover the two years since your conditional residence was granted. That is, you should not use the same older documents you used when applying for conditional residence. Wedding pictures may not be adequate at this point. Instead, you should have documentation to show a life built together, including insurance, housing and financial decisions made together and for a mutual benefit.
You should be able to show you have built a family, currently live together, and share a life as married partners. You may also want to determine whether biometric testing could have been an issue. The fingerprints are used to conduct an FBI check, and anyone who has a criminal conviction may be found inadmissible. If you made a simple mistake on the application form, the letter may have been sent to the wrong address.
The mistake may have also created some irregularity for your stated marital address. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.
Chicago Immigration Attorney. Call us for a Consultation Schedule Now. Search for:. What happens if your Form I is denied due to lack of evidence? What to expect at the Immigration Court? Other documents that you consider relevant to prove your good-will marriage, such as family photos for example, or travel itineraries and hotel bookings from joint vacations or trips.
Affidavits from close people to you and your spouse. Those affidavits should be sworn and affirmed by at least two people who have known both of you since your conditional residence was approved. It is preferred that those people are very close to you because there might be a requirement to testify before an immigration officer in order to confirm all the information stated. What could be Other Reasons for I denial? Late submission of your I form leads to an immediate rejection of your application, sending your case to the Immigration Court that will proceed with deportation procedure.
Some of the reasons could be connected to: o The recent birth of a child o Hospitalization, o Long term illness, o Death of a family member, o A family member on active duty at the U.
Insufficient Documentation The above-mentioned list of the documents you can submit must cover the specified period of time, which is two years. Lack of Bonafide Marriage USCIS could take another look at your application, starting back from the date that you originally filed for a marriage-based green card.
0コメント