Published: October 31, 2025
US immigration authorities can deny your green card application if you cannot establish your eligibility. It typically occurs for one of two reasons: either the petition doesn’t meet the required criteria for an established visa category, or you’re subject to a ground of inadmissibility.
Denial can happen at different stages, from the initial petition to the final interview. The following steps depend entirely on the specific stage of the process and the grounds for denial. You must assess the reason your petition gets denied and explore possible ways to overcome them.
Below, learn when or whether your immigration petition can be denied, without a warning from the United States Citizenship and Immigration Services (USCIS).
When USCIS Denies a Family-Based Immigration Petition Without a Warning
Suppose the primary and secondary evidence are insufficient to prove a qualifying family relationship. USCIS may send a Request for Evidence (RFE) to present additional proof of eligibility.
Likewise, USCIS may issue a Notice of Intent to Deny (NOID) when the reviewing officer determines that you fail to prove eligibility for the immigration benefit you requested. It serves as a final warning, indicating the grounds for intended denial and providing you with the opportunity to respond and address the specified concerns.
However, a new guidance from USCIS grants immigration officers more discretion to deny applications without issuing a warning. That means USCIS officers can skip sending the RFE and NOID and deny a petition immediately if the necessary evidence is missing or there’s no clear legal basis for approval.
Impact of the New Guidance on Family-Based Petition Denials
In particular, the recent changes can affect family-based immigrant visa petitions, whether filed by US citizens and green card holders seeking a visa for a family member. It aims to maintain the integrity of the immigration system and prevent the submission and approval of fraudulent or frivolous applications.
Applicants who fall under the family-based preference category can expect and prepare for the following:
- You may not receive an RFE or NOID before USCIS denies your immigration petition.
- If USCIS denies your application, you will need to start over and incur all filing fees again.
- Simple mistakes that you can fix before may have permanent immigration consequences, such as denial and possibly deportation.
Ensure Proper Filing With a Los Angeles Immigration Lawyer
Denials without prior warning remain at the discretion of the immigration officer. Still, USCIS may issue an RFE or NOID in some cases before making a final decision. However, the cost of any mistake is now too high. Hence, you can no longer rely on a second chance to correct your errors.
Thus, proper filing with an experienced Los Angeles immigration lawyer is your best protection against denial. Our team at ALG Lawyers can help you submit a complete, accurate, and well-supported petition from the onset. Contact our firm today to schedule a one-on-one consultation regarding your immigration concerns.
FAQs on Can USCIS Deny Your Family-Based Immigration Petition Without a Warning
Does a denial lead to a higher risk of being subject to deportation?
Deporation risks depend on your current immigration status and grounds for denial. Your risk of being subject to removal proceedings is higher, particularly if you’re already out of legal status or approaching the end of your authorized stay at the time of the denial.
Is it possible to file an appeal for a denied family-based visa petition?
It’s possible to file an appeal if the denial was based on an error in the immigration officer’s application of the law. Information regarding your right to appeal will typically be specified in the denial or revocation notice. Suppose filing an appeal is not a viable option. You can file a motion to reconsider with USCIS or refile a new petition with more solid evidence.
What are the common reasons for USCIS to deny a petition?
USCIS may deny a family-based immigration petition for numerous reasons. They commonly do so because of the following factors:
- There’s no sufficient evidence of a qualifying family relationship.
- The person filing doesn’t have enough proof of their status as a US citizen or permanent resident.
- You fail to pay the required processing fee for the application.
- You have been convicted of specific offenses or intend to engage in criminal activity upon entering the US.
- You’re likely to become primarily dependent on government financial assistance.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)