Adjustment of Status
I-485 Denied
Denials involving adjustment eligibility, status, admissibility, documentation, discretion, or other requirements.
I-485 Denial Help →USCIS Adverse Decision
USCIS denied your immigration case?
A denial changes the procedural posture of the case. The next step is not automatically an appeal or motion. The decision should first be reviewed to determine why USCIS denied the case, whether the agency made a factual or legal error, what review rights apply, and whether challenging the decision or filing a new case is the better strategy.
Send Us Your DenialDenial Review
Start with the decision before choosing the remedy.
01Identify every denial ground
02Review the existing record
03Check factual and legal errors
04Identify review rights and deadline
05Compare challenge versus refiling
Do not assume that every USCIS denial uses Form I-290B. The correct
procedure depends on the benefit and the decision.
Understanding the Decision
What happens after USCIS denies a case?
A USCIS denial should state the reasons the agency concluded that the applicant or petitioner failed to establish eligibility. The decision may also identify available review procedures and applicable filing deadlines.
Different immigration benefits have different post-decision procedures. Some decisions may be appealed. Some may be challenged through a motion to reopen or reconsider. Some use a specialized review procedure. In other cases, refiling may be available and may be preferable to administrative review.
The correct strategy therefore depends on the particular immigration benefit, the reason for denial, the record USCIS considered, the availability of additional evidence, and the immigration consequences of allowing the decision to remain unchallenged.
Common USCIS Denials
What type of case did USCIS deny?
The available remedy and strategic considerations can differ substantially from one immigration benefit to another.
Immigrant Worker Petition
I-140 Denied
Denials involving employment classifications, employer evidence, beneficiary qualifications, or evidentiary sufficiency.
I-140 Denial Help →Extraordinary Ability
EB-1A Denied
Denials involving individual criteria, evidentiary weight, sustained acclaim, or the final merits determination.
EB-1A Denial Help →National Interest Waiver
NIW Denied
Denials involving national importance, whether the applicant is well positioned, or the NIW balancing analysis.
NIW Denial Help →Family Immigration
I-130 Denied
Denials involving qualifying relationships, marriage evidence, discrepancies, prior petitions, or derogatory information.
I-130 Denial Help →Conditional Residence
I-751 Denied
Denials involving joint petitions, good-faith marriage evidence, waiver eligibility, interviews, or other findings.
I-751 Denial Help →Temporary Employment
H-1B Denied
Denials involving specialty occupation, qualifications, employer facts, status, worksites, or other petition requirements.
H-1B Denial Help →Intracompany Transfer
L-1 Denied
Denials involving qualifying relationships, foreign employment, managerial capacity, executive capacity, or specialized knowledge.
L-1 Denial Help →Extraordinary Ability
O-1 Denied
Denials involving extraordinary ability evidence, qualifying achievements, recognition, or proposed U.S. employment.
O-1 Denial Help →Waiver Application
I-601 Denied
Denials involving waiver eligibility, qualifying relatives, hardship, statutory requirements, or discretionary factors.
I-601 Denial Help →Naturalization
N-400 Denied
Naturalization denials use the Form N-336 hearing procedure rather than the ordinary I-290B appeal process.
N-400 Denial Help →Post-Decision Strategy
Other USCIS Denials
The denial notice and governing procedure determine whether an appeal, motion, specialized review, or refiling is available.
Review Your Options →First Steps
How a USCIS denial should be reviewed.
Before choosing a remedy, determine exactly what USCIS decided and why.
01
Identify Each Ground for Denial
Separate the decision into its factual findings, legal conclusions, evidentiary determinations, credibility findings, and procedural issues.
02
Compare the Decision to the Record
Determine whether USCIS accurately described the evidence, prior responses, interviews, immigration history, and material chronology.
03
Identify Factual or Legal Error
Determine whether the decision rests on an incorrect factual premise, overlooked evidence, an erroneous legal standard, or an unsupported inference.
04
Determine the Available Review Procedure
Read the decision carefully to determine whether the case permits an appeal, motion, specialized hearing procedure, or another form of review.
05
Compare Review With Refiling
Consider whether correcting the existing decision or filing a new application or petition produces the stronger procedural and evidentiary position.
06
Identify the Deadline Immediately
Post-decision deadlines can be short and differ depending on the type of decision and review procedure.
Possible Remedies
What can you do after a USCIS denial?
The available choices depend on the particular case.
Administrative Review
Appeal
An eligible decision may be reviewed by the Administrative Appeals Office or another administrative appellate body.
Appeal Guidance →New Facts
Motion to Reopen
A motion to reopen generally relies on new facts supported by affidavits or other documentary evidence.
Motion to Reopen →Legal Error
Motion to Reconsider
A motion to reconsider challenges whether the prior decision incorrectly applied law or policy to the record.
Motion to Reconsider →New Filing
Refile
In some cases, a new filing with a corrected or strengthened record may be available and strategically preferable.
Motion vs. Refiling →Important Procedural Point
Do not automatically file Form I-290B.
Different denials use different review procedures.
Form I-290B is used for many USCIS appeals and motions, but it is not the correct procedure for every adverse decision.
For example, an appeal of many USCIS I-130 petition denials is made to the Board of Immigration Appeals using Form EOIR-29. A naturalization applicant challenging an N-400 denial generally requests a USCIS hearing using Form N-336.
The denial notice, current form instructions, and the law governing the particular immigration benefit should therefore be reviewed before filing.
Deadlines Matter
How long do you have to challenge a USCIS denial?
There is no single deadline for every USCIS denial. The applicable deadline depends on the decision and the procedure used to challenge it.
Many I-290B filings Generally 30 calendar days from service, with 33 days generally applicable when USCIS mailed the decision.
Revocation appeals Certain appeals from revocation decisions have a shorter 15-day period, or 18 days when mailed.
I-130 BIA appeal Form EOIR-29 generally must be filed within 30 calendar days after service of the decision.
N-400 denial Naturalization review uses Form N-336 and its own filing rules.
Your decision Always verify the deadline and filing procedure stated in the actual USCIS decision and current instructions.
Post-Decision Guidance
Learn about USCIS appeals and motions.
Denial Questions
USCIS denial FAQs
Common questions after USCIS issues an unfavorable decision.
Does a USCIS denial mean the case is over?
Not necessarily. Depending on the benefit and decision, an appeal, motion
to reopen, motion to reconsider, specialized review procedure, refiling,
or another option may be available.
Can every USCIS denial be appealed?
No. Appeal rights depend on the particular immigration benefit and
decision. Some decisions permit appeals, some permit motions but no
appeal, and others use different review procedures.
Can I file new evidence after a denial?
Potentially. A motion to reopen specifically depends on new facts
supported by documentary evidence. The rules concerning additional
evidence on an appeal depend on the particular review procedure.
Should I appeal or file a motion?
That depends on what was wrong with the decision. An appeal asks an
appellate authority to review the unfavorable decision. A motion asks
the office that issued the decision to reopen or reconsider it.
Is refiling better than challenging a denial?
Sometimes, but not always. Refiling may allow a corrected evidentiary
record, while challenging the decision may be important when the denial
contains a significant factual or legal finding that should not be left
unaddressed.
Does every denial use Form I-290B?
No. Form I-290B is used for many USCIS appeals and motions, but other
procedures apply to certain cases, including Form EOIR-29 for certain
family petition appeals and Form N-336 for review of an N-400 denial.