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  • Writer's pictureThamys Gaertner

What to do if your I-140 petition is denied?

The I-140 form is a fundamental document in the process of obtaining a green card in the United States for foreign workers. However, what do you do if your I-140 petition is denied? We understand that having a form or even a visa application denied can be frustrating and discouraging, but rest assured, it's not the end of the world, and we're here to help you.

The first step is to carefully analyze the reasons why your I-140 may have been denied. Sometimes, it may have been due to a clear error of judgment by USCIS or a mistake in filling out the form, lack of sufficient evidence to support approval and more. Depending on the circumstances, you have the following options:


  1. Re-apply: USCIS evaluates each petition on its own merits, and the fact that a previous petition was denied in no way prejudices a future application. There is also no limit to the number of times you can apply for the I-140. After carefully analyzing what may have led to the denial of your petition, focus on strengthening the areas that may have been deficient and caused the denial. If your application was denied due to missing documents, make sure that all the necessary documents are submitted with the next application.

  2. Appeal: If, even after a thorough analysis of your petition, you believe that the decision was unfair or incorrect and that all the facts you could prove have already been presented, you can appeal the denial. The deadline for making your appeal is within 30 calendar days from the date you received the denial of your application.


In cases of denied petitions, it is extremely important to seek the assistance of an immigration lawyer. Together, you can discuss the best approach for your specific case or identify any errors in the previous petition. Having a professional and impartial perspective on the matter is fundamental. If you need more support and information, don't hesitate to contact one of our immigration lawyers.

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