Can I appeal a denied immigration application?

denied application

If your immigration application has been denied by the United States Citizenship and Immigration Services (USCIS), you may wonder whether you can appeal their decision. Please continue reading to learn whether you can appeal the decision or file a motion in your case after a denial. If your immigration application has been denied or you have received an unfavorable decision from USCIS, it is in your immediate interest to contact a talented ​​New Jersey Immigration Lawyer who can help you navigate this complex legal process. 

What should I do if USCIS denies my immigration application?

Fortunately, if your immigration application has been denied, you can appeal USCIS’s decisions or request that they reconsider your application by filing Form I-290B, Notice of Appeal or Motion. You must note that you can only appeal cases filed with USCIS, not cases that an immigration judge has denied before the immigration court. If you appeal USCIS’s decision, the appeal will be filed with the Administrative Appeals Office (AAO). If you want to appear an unfavorable decision in your, a motion will be filed with the USCIS office that issued the latest decision in your case.

How long do I have to file my appeal?

Generally, an appeal must be filed within 30 calendar days of the date you received the USCIS decision regarding your immigration application. If the decision was mailed, you have 33 calendar days to file your appeal. If you miss the filing deadline, you may still have an opportunity to reopen your case if you can provide USCIS with evidence proving that the filing delay was beyond your control.

Is there a filing fee?

Moreover, you must pay a filing fee of $675 when submitting your Form I-290B to USCIS. If you do not submit the filing fee when you submit your Form I-290B, USCIS will reject your appeal or motion. It is imperative to note that the applicant is the only individual that can file Form I-290B. This means that the beneficiary of your petition or your attorney cannot file an appeal or motion on your behalf. You must take matters into your own hands to appeal an unfavorable decision.

Should I consult a lawyer?

If your immigration application has been denied or you have received an unfavorable decision in your immigration case, you should retain the legal services of an experienced lawyer. Acquiring quality legal counsel will ensure you understand what type of evidence to include in your appeal and where and when you must file your appeal to the AAO. To ensure you take the right steps and maximize your chances of having USCIS reconsider its decision regarding your immigration application, it is in your best interest to consult your lawyer on how to proceed with filing an appeal.

If you want to file an appeal, contact a qualified New Jersey immigration lawyer from the Law Offices of Aditya Surti, LLC today. Our firm is committed to helping our clients challenge unfavorable decisions regarding their immigration applications.


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