There is always a chance that the United States Citizenship and Immigration Services (USCIS) may deny your application. If you’ve received an unfavorable decision, you may be able to appeal or file a motion for reconsideration.
Appeals and Motions
You must file an appeal in order to request that a different authority review your denial or revocation. Some USCIS decisions can be appealed with the Administrative Appeals Office (AAO), while other appeals should be sent to the Board of Immigration Appeals. Both entities are administrative appeals divisions that oversee the appeals process for various types of immigration decisions. You can check your Notice from the USCIS to find out where to send your appeal.
If you file a motion, the same USCIS office that denied or revoked your original petition will review and reevaluate their decision. In most situations, a motion can initiate your case to be reopened or reconsidered. Even some applicants who are not eligible for an appeal may be able to submit a motion.
Filing an Appeal
There is generally a 30-day timeframe to file an appeal, which begins on the date the decision was made. Most appeals of unfavorable decisions will be initiated by filing a Form I-290B, Notice of Appeal or Motion. Forms filed with the AAO will cause your case to go into an initial review stage, in which the USCIS office will decide to reopen or reconsider your application. They also have the option of forwarding your appeal for a new decision to be issued.
It is important to note that while most appeals require Form I-290B, there are exceptions to this rule. Applications for Naturalization, Petitions for Alien Relative, and applications involving special immigrant workers and legalization involve different USCIS forms. Your denial or revocation notice will have important information about your specific case, and the USCIS website is a good source of information, too. However, if you have questions about your options for appealing, an immigration lawyer is the best resource for individualized answers.
The Law Office of Jason A. Dennis can provide valuable assistance as you try to navigate the immigration and appeals process. We have extensive experience in appeals of USCIS decisions and can help you meet deadlines, submit the necessary documentation, and ensure each requirement is satisfied.
We provide a personalized approach to immigration law because we know every case has unique needs. If you’re ready to speak with an immigration lawyer in New York City, call The Law Office of Jason A. Dennis for a free consultation at (347) 868-6100.