A difficult green card interview does not always end with an immediate decision. In many cases, USCIS reviews the file after the interview, checks documents, and decides whether the record supports approval or whether the case needs additional evidence or legal analysis. If you are worried about a mandatory green card interview denied outcome, the next steps matter—because the notice you receive (and how you respond) can determine whether the case is approved, denied, or escalates into something more serious.
Possible outcomes after a green card interview
After a green card interview, USCIS typically does one of the following: approve the case, issue a Request for Evidence (RFE), issue a Notice of Intent to Deny (NOID) (often called a USCIS intent to deny), or deny the case.
These options align with USCIS’s general adjudication framework: if the evidence establishes eligibility, USCIS approves; if the record establishes ineligibility, USCIS denies; and USCIS may request additional evidence or issue a NOID when the record does not establish eligibility.
What a USCIS intent to deny (NOID) means
A NOID is not a denial—but it is a serious warning. A NOID means USCIS believes the current record supports denial and is giving you an opportunity to respond before making the decision. By regulation, a NOID must state the bases for the proposed denial and give you enough information to respond.
Practically, a NOID usually shows up when the officer thinks the evidence is not credible, not consistent, or not legally sufficient—such as concerns about eligibility, admissibility, or the bona fides of a marriage-based case.
How to respond to RFEs and NOIDs
- Follow the notice point-by-point. If USCIS lists three concerns, address all three directly.
- Organize evidence for speed. Use a cover letter and labeled exhibits so the officer can verify each requirement quickly.
- Send everything together. USCIS expects the requested materials to be submitted together with the original notice. Do not miss deadlines. The regulation caps the maximum response time at 12 weeks for an RFE and 30 days for a NOID (as set out in the notice).
- If USCIS relies on derogatory information you did not know about, you generally must be given a chance to rebut it before an adverse decision is issued (with limited exceptions).
What happens if your case is denied
If USCIS denies your green card application or related petition, the denial notice will explain the grounds and whether you have a review option. Denials can also happen if you fail to respond to an RFE/NOID by the deadline—USCIS may deny as abandoned, deny based on the record, or both.
Green card denial appeal options: motions to reopen and motions to reconsider
Many people searching for a “green card denial appeal” are really looking for post-decision motions. The regulations provide for a motion to reopen (typically based on new facts and supporting evidence) and a motion to reconsider (typically based on legal or policy error).
Deadlines are strict. For example, the regulation states a motion to reconsider generally must be filed within 30 days of the decision.
USCIS commonly uses Form I-290B for appeals (when available) and motions, and the USCIS form page explains that Form I-290B can be used to file an appeal with the Administrative Appeals Office (AAO) or a motion with the USCIS office that issued the decision.
USCIS also discusses motions practice in the AAO Practice Manual, including reopening and reconsideration after an unfavorable AAO decision.
Refiling options
In some situations, refiling is possible and may be the most practical path—especially where the core issue is missing documentation or a correctable problem. Separately, the regulations make clear that a withdrawal or denial for abandonment does not preclude filing a new benefit request with a new fee (though it does not preserve priority/processing dates).
When a denial can trigger removal proceedings
A denial does not automatically mean you will be placed in removal proceedings, but denials can increase risk depending on status and case facts. USCIS’s NTA policy memorandum explains that a Notice to Appear (Form I-862) is a charging document that initiates removal proceedings and outlines USCIS’s approach to NTAs in cases involving inadmissible and deportable individuals.
Why attorney involvement matters after a bad interview
When you are facing a USCIS intent to deny, an RFE, or a denial, the case becomes deadline-driven and record-driven. A well-prepared response or motion can be the difference between an approval and a permanent denial record that follows you into future filings.
The Law Office of Matthew W. Peterson can review the interview issues, identify what USCIS is really concerned about, and build a strategy that fits your situation—whether that means a stronger RFE/NOID response, a motion to reopen, a motion to reconsider, or a safer refiling plan.
Contact the Law Office of Matthew W. Peterson to schedule a consultation as soon as possible, especially if you have a response or filing deadline approaching.
This article is advertising and provides general information, not legal advice.
Sources:
- USCIS Policy Manual, Vol. 1, Part E, Ch. 6 (Evidence):
https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-6
- USCIS Policy Manual, Vol. 7, Part A, Ch. 11 (Decision Procedures):
https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-11
- USCIS Form I-290B page (Notice of Appeal or Motion):
- USCIS Policy Manual, Vol. 6, Part J, Ch. 5 (Appeals and Motions):
https://www.uscis.gov/policy-manual/volume-6-part-j-chapter-5
- USCIS AAO Practice Manual, Ch. 4 (Motions to Reopen/Reconsider):
- USCIS NTA Policy Memorandum (Feb. 28, 2025, PM-602-0187):
https://www.uscis.gov/sites/default/files/document/policy-alerts/NTA_Policy_FINAL_2.28.25_FINAL.pdf
- eCFR 8 CFR 103.2 (Submission and adjudication of benefit requests):
https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-103/subpart-A/section-103.2
- eCFR 8 CFR 103.5 (Reopening or reconsideration):
https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-103/subpart-A/section-103.5
- eCFR 8 CFR 103.8 (Service of decisions and other notices):
https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-103/subpart-A/section-103.8
- USCIS memo on RFE/NOID response time maximums (RFE Final Rule memo):
https://www.uscis.gov/sites/default/files/document/memos/RFEFinalRule060107.pdf
