Citizenship and Immigration Services USCIS has issued denials of applications and petitions, many individuals and companies seek help by contacting us at the Murthy Law Firm with their inquiries. It is sometimes possible to challenge the decision of the USCIS by filing a motion to reopen, a motion to reconsider, or an appeal.
While the concept of an appeal is more widely known, in many immigration matters, the motion to reopen or motion to reconsider may be a more effective option. Following is an explanation of the differences between these procedures, which should help those facing case denials. An appeal is a request to a higher government authority to review the unfavorable decision.
Some decisions, however, such as those on family-based visa petitions, are appealed to the Board of Immigration Appeals BIA. Certain case types, applications for adjustment of status Form I , for example, are not subject to appeals. A denial decision issued by the USCIS normally advises an applicant or petitioner of whether an appeal can be filed, of the form to use, and indicates the appropriate appellate office with jurisdiction over appeals of the particular case type.
The information explains only that the appeal is a potential legal option. However, this does not mean that there are no options available to challenge the decision. Even when there is not an appeal option, decisions issued by the USCIS can potentially be challenged by filing motions to reopen or reconsider. A motion to reopen or a motion to reconsider is filed with the same USCIS service center or field office that issued the unfavorable decision in the particular case.
These motions generally are reviewed by the same officer who denied the case. As explained below, there is a difference between a motion to reopen and a motion to reconsider. The requirements for each should be considered when deciding whether a denial could possibly be overcome through the filing of a motion. If you do not have any other status allowing you to stay in the United States, you will likely receive a Notice to Appear , which is a summons to appear before an Immigration Judge for removal proceedings.
You will first have what is called a Master Calendar Hearing. At this hearing, you must tell the judge that you want adjust your status as a defense from removal. The judge will then set a deadline for you to submit your documents along with a date for your merits hearing, which is when you will be able to present your case to the judge. You will want to present all of the same documents you gave USCIS for your I, along with any additional evidence that you think will help your case.
On the day of the hearing, you will be able to present witnesses to testify for you they can speak to things such as whether your marriage is bona fide, for instance. Note, however, that an attorney for the U. When all evidence has been presented, the judge will make his decision and, if all goes well, may decide to approve your application and allow you to get a green card.
Which option you end up taking is ultimately up to you. We can only recommend that you get an experienced immigration attorney to help you every step of the way. An experienced immigration attorney will best be able to pinpoint where the initial application failed and what it would take to succeed moving forward. To schedule an initial consultation with us today, don't hesitate to contact us at Appeal to AAO Appealing to the Administrative Appeals Office means taking your case out of the hands of the officer who handled your case and asking a different, though related office to reconsider your application.
Re-File If you have some form of legal status that will allow you to stay in the country despite the denial, you may have the time to start the process all over to build a stronger case from mostly the beginning.
Ask An Immigration Judge to Reconsider Your I This method is something you probably want to avoid if at all possible because it involves putting yourself in danger of deportation for a chance at having the I application reconsidered.
Answer: If your I was approved but I was denied, the USCIS officer probably determined that you were inadmissible for purposes of adjustment of status or did not meet all requirements for adjustment of status. That determination may be incorrect so it is imperative that you schedule an appointment with an immigration lawyer.
Answer: You may be able to file a motion to reconsider, motion to reopen, file a new application, or have an immigration judge rule on your I It all depends on the specific circumstances and the reason for the denial.
Answer: Yes, especially if you do not have an immigration lawyer. The NTA starts the removal proceedings and you will have to appear in immigration court. It is very important that you retain an immigration lawyer who can fight for you. Most Popular Denied I Can writing a bad check jeopardize your immigration status?
Tell Me About Your Case:. Hourly Work For clients who are billed hourly and need to pay into the trust account Click Here. Blog Home - Previous Post. What do I do now? Question: What are the different reasons for denial of an I application?
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