What if your application for immigration is denied?

A lot of people who apply to immigrate to the United States find that their application is rejected. In many cases there is a good reason for the denial but there are also some situations where there is not. Regardless of the reason that you were denied you do have some good options. How successful they will be will in large part depend on the reason for denial however.

The first option that you have if your application to immigrate has been denied is to request a hearing. In this case you will be given a hearing by a different immigration examiner. In this case they may or may not repeat the whole process of assessing your application. That means they may give you another English test or citizenship test. If your application was denied for a specific reason they will probably just address that issue. As part of the process you may submit a brief that provides additional information on your case. If the new examiner decides that you are eligible to immigrate your case will be allowed to proceed.

If after the review process you are still denied the ability to immigrate your next option is to file a legal appeal. This will involve you asking a federal court to make a decision on your case. Strictly speaking this is not an appeal since the court will not base its decision on that of the Immigration Department. Rather the court will hear the entire application from the beginning and makes it own decision on whether or not you are allowed to immigrate. If you are going to go to court you are going to have to have a lawyer to represent you.

If your initial appeal to a federal court is denied you do have the right to appeal that decision to a higher court. In this case the appeals court will review the decision that was made and determine if it was the correct one. In order for this appeal to be successful you will have to be able to show that the lower court made an error. This is not easy to do so the chances of your appeal being successful are not good.

One last option that you may have depending on why your application was rejected is to simply try again. In most cases you will be allowed to start the process over again. This approach will not work if your application was rejected because you have a criminal record or some other similar reason. However in some cases you may find that applying to immigrate in a different category may work where the last one failed. It is generally best to have an immigration lawyer help you if you are applying a second time so that you don't make the same mistakes again.