There are few things as disheartening as learning your immigration application was rejected. For many, this can be heartbreaking. As such, you may wonder whether or not it’s possible to appeal a denied immigration application. Though challenging, it is possible for some. Keep reading to learn more about why your application may have been rejected and discover why you need a New York City immigration appeal lawyer to assist you through these challenging and complex legal matters.
Why Might My Application Have Been Rejected?
Unfortunately, there are several reasons an immigration application can be denied. Generally, if you do not meet the medical requirements, you can be denied. This could be failing to submit a completed physical or you may have been diagnosed with a communicable disease.
Similarly, the denial can be due to a mistake, like forgetting to file the necessary forms or paying the required fees. Luckily, if you are missing something, you have the opportunity to submit the documents. In some instances, the people responsible for filing your application may make an error like losing a form, misspelling your name, or inputting incorrect information.
Another reason your application may have been denied is due to previous immigration violations. If you have tried to or successfully gained entry into the United States through illegal methods, you may not be approved. On a similar note, if you have a criminal record or are believed to enter the United States to commit criminal activity, your application will likely be rejected.
How Do I Appeal a Denied Immigration Application?
If you wish to appeal the decision, knowing how to proceed is important. Before you proceed, you must understand your timeframe. You must appeal within 30 days or 33 days if you received the notification via mail. However, these are counted as calendar days, meaning weekends and holidays count towards the timeframe.
To appeal a United States Citizenship and Immigration Services (USCIS) decision, you must file Form I-290B or a Notice of Appeal or Motion with the Administrative Appeals Office (AAO). Generally, this will come with a fee; if you cannot afford the fee, you may be able to have it waived by filing a Form I-912.
It’s important to understand that you cannot file an appeal with the AAO for a field office immigrant benefit request rejection, decisions made by the immigration court process, or those made by the Department of Homeland Security. The benefit request rejection cannot be appealed at all, but judgments made by DHS or an immigration court can be appealed through the Board of Immigration Appeals.
Unfortunately, there are several reasons USCIS may reject your application. At the Law Office of Jason A. Dennis, our legal team will work to help you appeal the decision. Contact us today to learn how we can aid you during this time.
