Common USCIS Denials and How to Avoid Them
Applying for an immigration benefit asks a person to place their plans into someone else’s hands. You gather records, follow instructions, and hope the information you provide makes your situation clear. It is a careful process, and even well-prepared applicants can feel uncertain about how their materials will be understood once they are submitted.
This guide focuses on denials issued by USCIS, which reviews applications filed inside the United States.
A denial can happen even when someone has done their best to meet the requirements. Sometimes the rules are applied in ways that applicants do not expect. Sometimes an eligibility condition is stricter than it appears during preparation. Understanding where denials often begin helps applicants focus on the details that carry the most weight and enter the process with steadier expectations.
Before looking at the reasons denials happen, it helps to understand how an officer reviews a case. U.S. Citizenship and Immigration Services (USCIS) decisions follow rules set by law and policy, and each application is measured against those requirements. When an outcome is not what the applicant expected, it is often because the officer had to follow a rule that was not as visible during preparation.
Failure to meet eligibility requirements
Every immigration benefit has specific requirements set by USCIS. These requirements appear in the Immigration and Nationality Act, federal regulations, and the USCIS Policy Manual. When an officer reviews an application, the first question they answer is whether the person meets those requirements. If eligibility is not established, the officer cannot approve the request.
USCIS places the burden of proof on the applicant. This means the applicant must show that they qualify for the benefit they are requesting. If the materials do not demonstrate this, the officer may deny the application even if some evidence is present. This applies to many types of filings, including petitions, adjustments of status, work authorization, and naturalization. The standard USCIS uses is whether the evidence shows eligibility by a preponderance of the evidence.
Mistakes often happen because requirements can be specific. Some benefits require a certain status. Some require a qualifying family relationship. Others require a financial threshold or a history of residence in the United States. These rules come directly from statute and regulation, so officers rely on them when making decisions. Understanding these criteria early helps applicants prepare materials that match what USCIS must confirm before granting a benefit.
Inadmissibility grounds
A denial can occur when an applicant is found inadmissible under the Immigration and Nationality Act. Inadmissibility refers to specific conditions that make a person ineligible to receive certain immigration benefits. These conditions are defined in federal law and applied by USCIS during the review of many applications, including adjustment of status, applications for certain non-immigrant classifications, and some humanitarian programs.
USCIS relies on the list of inadmissibility grounds in section 212(a) of the Immigration and Nationality Act. These include health-related issues, certain criminal offenses, prior immigration violations, security-related concerns, public charge requirements, and fraud or misrepresentation. When an officer reviews a case, they must determine whether any of these grounds apply. If an inadmissibility ground is present and no waiver is available or granted, the officer must deny the benefit.
Some grounds are straightforward, such as a specific criminal conviction. Others are administrative, such as past periods of unlawful presence. Some involve evidence that applicants do not always realize is part of the review, such as medical exam findings or past entries and exits recorded in government systems. Understanding that these grounds exist helps applicants prepare their materials with awareness of what USCIS must check before making a decision.
Missing or Insufficient Evidence
A denial can occur when USCIS cannot confirm the facts needed to approve the application. This type of denial is different from failing to meet eligibility requirements. In this situation, the person may qualify under the law, but the materials submitted do not provide enough proof for the officer to make a positive decision. USCIS cannot approve a benefit if the record does not clearly establish the required facts.
USCIS follows the rule that applicants must demonstrate eligibility by a preponderance of the evidence. This means the evidence must show that the claim is more likely true than not. If key documents are missing, unclear, or inconsistent, the officer may not be able to reach that conclusion. This often happens when an application lacks civil documents, financial records, relationship evidence, or proof of lawful status.
In many cases, USCIS issues a Request for Evidence to give the applicant an opportunity to correct the record. If the response does not resolve the gap or arrives after the deadline, the officer may deny the case. Preparing a complete file and understanding which documents carry the most weight can help prevent denials caused by evidentiary gaps rather than by ineligibility.
Failure to respond to a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID)
A denial can occur when USCIS asks for additional information and the applicant does not respond by the deadline or does not provide what is required. USCIS uses Requests for Evidence and Notices of Intent to Deny when the materials submitted are not enough for a final decision. These notices explain what is missing and give the applicant a set period of time to correct the issue.
If the applicant does not respond, USCIS may deny the case based on the existing record. USCIS regulations state that a benefit request can be denied if the applicant does not provide the evidence needed to establish eligibility. This type of denial is procedural. It does not mean the applicant is ineligible under the law. It means USCIS could not complete the review because the required information was not supplied.
Even when a response is submitted, the case can still be denied if the materials do not resolve the issue raised in the notice. The evidence must address the specific concerns identified by USCIS. Preparing a complete response and submitting it on time can prevent avoidable delays or procedural denials.
Improper filing
A denial can occur when an application does not meet USCIS filing requirements. These requirements are set by regulation and include using the correct form edition, paying the correct fee, signing the form, and submitting it to the proper location. USCIS treats these steps as mandatory. If they are not followed, the agency may reject the filing. In some cases, a benefit request may be accepted for processing but later denied because a filing requirement was not met.
USCIS regulations explain that an immigration benefit request must satisfy all form instructions and regulatory requirements. These include the use of the current form edition, the correct filing category, required initial evidence, and proper fees. When a form is unsigned or a fee is incorrect, USCIS may reject it. When a form is accepted but the filing does not meet a regulatory requirement, the officer may deny the case.
Improper filing does not reflect on an applicant’s eligibility. It is an administrative issue that stops the request before the officer reaches the eligibility review. Careful attention to the form instructions, fee schedule, and filing location can prevent delays, rejections, or denials that result from procedural errors rather than the merits of the case.
Source:
- USCIS. https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-4
- USCIS. https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-3
- USCIS. https://www.uscis.gov/policy-manual/volume-8
- USCIS. https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act
- USCIS. https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210609-RFEs%26NOIDs.pdf
- Code of Federal Regulations. https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-103
- USCIS. https://www.uscis.gov/forms/filing-guidance
- USCIS. https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-8