Indians living in the United States who have had an application to replace their Green Card denied can ask US immigration authorities to review the decision, although they cannot file a direct appeal, according to guidance from US Citizenship and Immigration Services (USCIS).
The guidance is relevant to Indian lawful permanent residents whose Green Cards have been lost, stolen, damaged, contain incorrect information or need renewal. USCIS explains the available options on its official Green Card replacement guidance page.
Applicants whose Form I-90, Application to Replace Permanent Resident Card, is denied will receive a letter explaining the reasons for the decision. While a direct appeal is not allowed, applicants can file a motion to reopen or a motion to reconsider with the USCIS office that made the decision.
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Two options after a Green Card replacement denial
A motion to reopen asks USCIS to examine new facts that could affect the outcome. Applicants must explain those facts and provide relevant supporting evidence.
{{/usCountry}}A motion to reopen asks USCIS to examine new facts that could affect the outcome. Applicants must explain those facts and provide relevant supporting evidence.
{{/usCountry}}A motion to reconsider asks the agency to review whether its decision was legally or procedurally incorrect based on the existing record. Applicants must show that USCIS misapplied immigration law or policy and that the decision was wrong based on the evidence already submitted.
Both motions must be filed with the USCIS office that issued the denial. Applicants should read their denial notice carefully and check the applicable filing requirements. USCIS provides further details in its guidance on appeals and motions.
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What Indian Green Card holders should know
Form I-90 is used to replace or renew a Permanent Resident Card. It can be filed online or by mail, subject to USCIS requirements.
For eligible applicants renewing an expired Green Card, the Form I-90 receipt notice, when presented with the expired card, can serve as temporary evidence of permanent resident status for the period stated in the notice. USCIS guidance says this extension is generally 36 months from the card's expiration date.
Applicants who do not have their Green Card may also be able to obtain temporary evidence of status, such as an ADIT stamp, after filing Form I-90.
Indian permanent residents should also distinguish between a regular Green Card renewal and a conditional-resident case. People with conditional Green Cards may need to file Form I-751 to remove the conditions on residence rather than use Form I-90 simply to renew the card.
A denial of a Green Card replacement application does not, by itself, mean that the applicant's permanent resident status has been revoked. The appropriate next step depends on the reason for denial and the person's circumstances.