How to Appeal a Denied Immigration Case

Facing a denied immigration case can feel overwhelming, but it’s important to remember that you have options. Many immigration decisions can be appealed, giving you another chance to achieve your goals. Here’s a step-by-step guide to understanding the appeal process.

Understand the Reason for Denial

The first step is to carefully review the denial notice sent by the U.S. Citizenship and Immigration Services (USCIS) or the appropriate agency. This document will outline the reasons your application or petition was denied. Identifying these reasons is crucial to building a strong appeal.

Check Your Eligibility for an Appeal

Not all immigration decisions can be appealed. Some may require filing a motion to reopen or reconsider rather than an appeal. For appeals, the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA) typically handles cases involving visas, green cards, and deportation.

Act Quickly

Immigration appeals are time-sensitive. You generally have 30 days from the date of the denial to file your appeal. Missing this deadline can make you lose your right to appeal.

File Form I-290B

To begin the appeal process, you must complete Form I-290B (Notice of Appeal or Motion) and submit it to USCIS. Be sure to include a clear explanation of why you believe the decision was incorrect, supported by evidence.

Gather Strong Supporting Evidence

Strengthen your case by providing additional evidence or clarifications addressing the reasons for the denial. This may include updated documents, new testimonials, or legal arguments highlighting errors in the initial decision.

Consider Hiring an Immigration Attorney

The appeal process can be complex, and having an experienced immigration attorney can make a significant difference. They can guide you through the process, help you avoid common mistakes, and present the strongest possible case on your behalf.

Be Patient

Appeals can take several months to resolve. Stay informed and keep in touch with your attorney or the agency managing your case for updates.

By taking the right steps and seeking professional guidance, you will increase your chances of overturning a denied immigration decision and achieving your immigration goals.

Need help with an immigration appeal? Contact us today to schedule a consultation.

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