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. In general, most eligible appeals must be filed within 30 days of the decision using Form I-290B, depending on the situation. Understanding your options is critical to preserving your legal rights. As such, 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?
If your immigration application has been denied in Middlesex County, 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 appeal an unfavorable decision, a motion will be filed with the USCIS office that issued the latest decision in your case.
Your Options After a USCIS Denial
- File an appeal with the Administrative Appeals Office (AAO)
- File a motion to reopen, complete with new evidence
- File a motion to reconsider if you believe a legal error was made in the decision
- If eligible, refile your case
- Connect with an immigration attorney immediately to discuss your legal options
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.
Important Filing Deadlines
- Appleas must generally be filed within 30 days of notice (33 days, if your notice was mailed)
- Deadlines are strict and rarely waived
- Late filings may only proceed if:
- You can prove extraordinary circumstances out of your control
- You have documented evidence of a delay
- Missed deadlines can permanently affect your legal options
Is There A Filing Fee?
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’s important to understand that you, as the applicant, are the only individual who can submit Form I-290B. However, an attorney or representative may file on your behalf with adequate authorization (Form G-28).
Additional Costs and Filing Considerations
- Filing fee of $675 (subject to change, verification required before filing)
- Fee waivers may be available for certain individuals
- Incorrect payment or missing forms can result in the automatic rejection of an application
- Supporting and supplemental evidence must be submitted with the filing
Why Are Immigration Applications Commonly Denied in Middlesex County?
Unfortunately, there are a number of reasons why an immigration application may be denied in Middlesex County. Understanding these reasons can help you determine the appropriate course of action, whether it be an appeal, a motion to reopen, or a motion to reconsider.
Common Reasons for USCIS Denials
- Incomplete or incorrect application information
- Lack of supporting documentation
- Failure to meet eligibility requirements
- Prior immigration violations, like overstays or unauthorized work
- Translation or documentation errors
- Criminal history impacting admissibility
What Is the Difference Between an Appeal and a Motion?
It’s important to understand that not all denied USCIS applications warrant an appeal. In many instances, filing a motion may be more appropriate, depending on the circumstances of your case.
Key Differences Between a Motion and an Appeal
- Appeal
- Reviewed by the Administrative Appeals Office (AAO)
- No new evidence can be submitted
- The review will focus on whether or not USCIS made a legal error
- Motion to reopen
- Filed with USCIS
- Requires new facts or evidence
- Used when the circumstances surrounding your application have changed
- Motion to reconsider
- Argues on the grounds of legal or policy errors
- Based on the existing record only
Should I Consult a Lawyer in Middlesex County?
If your immigration application has been denied or you have received an unfavorable decision in your immigration case in Woodbridge, Sayreville, South Amboy, or any other location in or around Middlesex County, 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.
Contact Our Experienced Immigration Attorneys Today
If you want to file an appeal in Middlesex County, 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. Contact us today to learn how we can represent you.