Santa Ana Immigration Appeal Attorney
Immigration Appeal Process in the US
Receiving a denial from USCIS or another immigration agency can be devastating. You likely put months or years of work and preparation into this application process, and it might feel as though you have no options left. Fortunately, the U.S. Immigration Law Group, LLP has 150+ years of collective experience assisting clients at every stage of the immigration process—including what appear to be dead ends.
Depending on the type of denial you received, you might be able to file an appeal with the Administrative Appeals Office (AAO), the Board of Immigration Appeals (BIA), and possibly the U.S. Ninth Circuit Court of Appeals. In other instances where the government fails to properly process a case, a complaint may be filed in Federal Court, which may create the necessary pressure for a favorable resolution. If we determine that your denial can and should be appealed, we will file with maximum efficiency and care.
What You Need to Know About Immigration Appeals
When you file an appeal, you are asking one agency or authority to review a decision made by another. However, when USCIS receives your appeal, the same office that initially denied your petition or application will have the opportunity to overturn the denial. If they do not, they will send it along to the Administrative Appeals Office (AAO) for further adjudication. The AAO generally tries to complete the appellate review within 180 days.
To successfully overturn a denial, an appeal will need to identify where the original adjudicating officer made an incorrect statement of fact or faulty conclusion. The appeal should also include a thorough explanation of these issues and why you believe the denial was inappropriate. Our Santa Ana immigration appeal attorneys have decades of experience handling these legal situations, and we can maximize your odds of success by filing an appeal with comprehensive evidence and compelling argumentation.
Unfortunately, not all decisions can be appealed. The notice of your denial will tell you whether it is eligible for an appeal and, if so, where to file. In most cases, only the individual or entity that submitted your petition (i.e. your sponsor) can file an appeal.
What Is a Motion for an Immigration Case?
Sometimes, an appeal is not an option—or it might simply be inadvisable. You might instead choose to file a motion, which is a request for the same USCIS office that issued the denial to reconsider or reopen your case.
The two types of motions are:
- Motions to reconsider USCIS. This is a request for the office to review its decision because you believe the denial was based on an incorrect application of the law.
- Motions to reopen USCIS. This is a request for the office to review its decision based on new facts. If circumstances have changed or new facts have come to light since you first submitted your petition or application, a motion to reopen may persuade the adjudicating officer to overturn the denial. Your motion should include comprehensive evidence of these new facts.
Like appeals, motions should include evidence and compelling argumentation. If your motion is denied, you may be able to file an appeal if the original denial (before you filed the motion) was eligible for an appeal.
The filing of an appeal, motion to reopen, motion to reconsider, or federal complaint is always time-sensitive. Generally, the government provides only 30 days to file an appeal or motion. If you fail to reply or file the necessary documentation in a timely manner, you may miss your opportunity to overturn an unjust denial of an immigration status or benefit.
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