Receiving a denial notice from U.S. Citizenship and Immigration Services (USCIS) or a Notice to Appear in immigration court can be alarming. For many Texas immigrants, it is the first indication that removal proceedings may be coming. However, a denial or a Notice to Appear does not necessarily mean that deportation is inevitable. In some cases, waivers, motions, or appeals can be used to stop or delay removal and reopen the possibility of lawful status.
Understanding which legal tools apply depends on where your case stands and why the denial or Notice to Appear was issued.
When a Denial or Notice to Appear is Issued
USCIS may deny an immigration application for many reasons. These include missed deadlines, insufficient documentation, eligibility problems, or allegations of fraud or misrepresentation. When USCIS determines that a person no longer has lawful status or is removable, it may issue a Notice to Appear and refer the case to immigration court.
Everyday situations that trigger this include:
- A denied family-based or employment-based petition.
- A rejected adjustment of status application.
- Allegations of unlawful presence.
- Prior immigration violations.
- Issues related to prior visa overstays.
Once a Notice to Appear is issued, the case is transferred to immigration court; however, there may still be options to challenge or correct the outcome.
When a Waiver May Be Available
A waiver permits an applicant to request relief from certain immigration violations. Waivers are commonly used when a person is otherwise eligible for an immigration benefit but is blocked by a specific legal problem.
Waivers may apply in situations involving:
- Unlawful presence.
- Misrepresentation or fraud.
- Certain criminal history.
- Prior removals or deportation orders.
- Health-related grounds of inadmissibility.
The availability of a waiver depends on the nature of the violation and the type of immigration benefit sought. Waivers are discretionary; approval is not automatic and must be supported by substantial evidence.
When an Appeal or Motion Can Be Filed
If USCIS denies an application, the applicant may be able to challenge the decision through an appeal, a motion to reopen, or a motion to reconsider.
These options may be used when:
- USCIS made a legal error.
- Evidence was misunderstood or overlooked.
- New evidence is available.
- The denial was based on incorrect facts.
Appeals and motions must be filed quickly, often within 30 days. Missing a deadline can permanently preclude relief.
What Happens If You Are Already in Removal Proceedings
Once a case is in immigration court, different legal strategies apply. An immigration judge, not USCIS, will decide whether a person can remain in the United States.
People in removal proceedings may still seek relief through:
- Cancellation of removal.
- Adjustment of status through a qualifying family member.
- Asylum or related humanitarian relief.
- Certain waivers of inadmissibility.
- Motions to terminate proceedings based on legal defects.
The court process involves hearings, filings, and legal arguments that must be presented correctly to succeed.
Why Timing and Strategy Matter
Many people assume they must wait until court to act, but that is often a mistake. Early intervention following a denial or Notice to Appear can preserve options that may otherwise be lost.
Delays can result in:
- Missed filing deadlines.
- Loss of eligibility for waivers.
- Increased risk of detention.
- Fewer options for relief.
Immigration law is highly procedural, and mistakes can have permanent consequences.
How Peek Law Group Can Help
Peek Law Group’s immigration attorneys assist Texas clients in evaluating their options following denials, Notices to Appear, and removal filings. Our attorneys analyze the legal basis for the denial, identify available waivers or appeals, and develop strategies to protect clients from deportation whenever possible.
If you have received a denial or a Notice to Appear, contact Peek Law Group today. The sooner an experienced immigration attorney reviews your case, the more options you may have to fight removal and protect your future in the United States.
