Immigration Application Case Denied! What’s next?

So you received a denial from DHS/USCIS/Immigration of your application for a visa, greencard, removal of conditions on greencard (I-751; Application on a marriage based case after receiving your 2 year greencard), naturalization/citizenship? What’s next for you? Well, if this question was asked to me a few years ago, I would have likely been comfortable stating that immigration (deportation) enforcement does not directly and/or automatically follow a denial. However, a lot has changed with the Trump administration and it’s immigration policies, particularly it’s immigration enforcement policies. I have seen a tremendous increase in immigration enforcement (immigration arrests/detention/deportation) as a result of the denial of an immigration application case filed with DHS/USCIS/Immigration. It appears now that in many cases, when an immigration application case is denied, the file is sent to immigration enforcement officers, also sometimes known as ICE (Immigration Customs Enforcement). So, I have found that it is at least more prudent, if not absolutely necessary that you contact an immigration attorney after receiving an immigration application case denial. There may be actions available through an experienced immigration attorney which may minimize the chance that your case is sent to immigration enforcement after a denial. It is always advisable to be proactive (meaning don’t wait for something negative to happen to you before speaking to an experienced immigration attorney). Many times there may be options available which may overcome the denial, such as an appeal, motion to reopen and many other avenues. What you never want to do these days is ignore the denial and hope that immigration doesn’t come knocking on your door. At a minimum, take the time out to get concrete information pertaining to your particular case (even after a denial). This may be the difference between you being taken into custody/arrested by immigration and continuing to live with your family.

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