What should you do if USC has rejected your file.
If you're interested in learning what your next step should be, watch this video guys.
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I'm an immigration lawyer in New York.
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Now, what should you do?
If this happens to you, you prepare your file on your own, or you may have gotten some assistance
with it and you file it.
You include your filing fee.
You signed every page that should be signed.
You check the instructions and you believe that you've attached all of the evidence that
the government is asking from you and you send it in to them and you may have even sent
it in express mail or overnight delivery because you heard that things are slowing down with
immigration and only to then have the file sent back to you shortly thereafter, along
with your check or your money order.
And you're so confused now because you're wondering, Oh my goodness, what did I do wrong?
And what should I do next?
Should I just go ahead and send it all back into the government tonight?
Now go work with a lawyer.
What should I do?
Now?
The reason for the rejection will determine what your next step really should be.
The most common form of rejection is some sort of filing error.
really important like that.
Or you didn't sign it.
You forgot to sign one of the petitions or something like that.
And the government simply sends it back to you without even cashing your check.
So that's the common reason why the government would reject your filing something small,
something that is fixable on your end.
So they don't cash your check.
But you should know that the policy of the government these days is that if they do reject
your file, because you've missed an initial required evidence, then they do have the right
to deny you rather than reject the file.
There is a difference between rejection and denial.
A rejection simply means that there was some sort of filing clerical error.
And they're sending the entire packet back to you along with your money order, your filing
fee it denial on the other hand means that they've actually made a decision on your case.
They've adjudicated it, although it was adjudicated pretty quickly, because you may have missed
the I eight 64 affidavit of support.
And so they made a quick decision to deny you.
And in that case, they did cash, your check or money order.
They took your file and fee, and then they sent you a denial notice.
They do not send you the entire file back.
So that's the big difference between the two also note with the rejection, they did not
make a decision based on the merit of your application and they don't hold that against
you.
You don't get a receipt number it's as if it never even happened from their standpoint,
but with the denial, it did happen.
They adjudicated it.
They made a decision and there are consequences that come along with that decision.
If you've received a true rejection, don't panic, you first need to determine what to
do next.
And typically in a case like that, you just cure the problem.
You'll sign, whatever pages you may have missed sign in, or sections off an application or
petition that you didn't fill out, filled them out correctly, work with a professional
to get it done, right.
Or if you missed a copy of your birth certificate or marriage certificate or something like
that, go ahead and include it, put everything back together and just send it back off to
the government.
That's the easiest and quickest way of dealing with the rejection.
Now, the other type of rejection that can happen is if there's insufficient funds in
your bank account and your check bounces, then the government will require you to pay
first pay a $30 penalty fee.
So to speak for the inconvenience that you've created or caused the government you'd need
to pay that fee before you refile.
And I would say this to you, if that did happen, you should pay that fee online at the URL
that the rejection notice tells you to pay it at, pay it, make print out a copy of that
payment receipt, and then include a copy of that payment receipt as evidence that you
did in fact, pay that penalty fee include that with your refiled packet.
The other thing that you should know about rejections is this.
If you're trying to meet a very important government deadline, such as October 2nd,
2020, which is the date when the new fees will go into effect, let's say you filed at
the end of September and your file is rejected and sent back to you after October 2nd.
And you now need to refile everything after October 2nd, just be sure to include the correct
file fee because the fees are going up on October 2nd, 2020.
So that's a little bit of a pain, right?
But just be sure to include the correct fee and to avoid something like that from happening.
Try to file ahead of time before a big deadline.
I know it doesn't happen smoothly and many cases.
It rarely happens that smoothly, but try your best to file ahead of time so that if your
file has been rejected, you will have enough time to then cure the problem and refile and
still make it in time for that deadline.
Let's go back to denial for a moment here.
If your case was denied because you left out some important initial required evidence,
get that evidence together, refile as quickly as possible, but just know that when you do
refile, you will have to submit another filing fee.
The government will not credit you or consider the filing fee that you had paid previously.
And of course that is a pain, right?
Because then that's more money that you'll have to spend out of pocket to cure an error
that may have occurred that led to the denial.
So just to summarize guys, there is a big difference between a rejection and a denial.
If your case has been rejected for some clerical error, you can simply cure that error and
submit everything back to the government.
And you'll still have your filing fee that you can send back to them.
But if your case was denied, that's the case was adjudicated on the merit and the government
denied you.
And so there are more serious consequences for the denial, such as they've taken your
money.
You have to come out with more money for a filing fee.
Secondly, if it was an important application, such as the I four 85 consequences of a denial
can be very severe, including the possibility of being issued a notice to appear in immigration
court.
But at the same time, if you're able to cure the problem curate very quickly, head of any
important deadlines that's coming up and get your application back to the government so
that your case will be in process.
I hope you found this video very helpful.
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