/Appealing USCIS Decisions: FAQs (Pt. 3)

Appealing USCIS Decisions: FAQs (Pt. 3)

Wrapping up our blog series Appealing USCIS Decisions: FAQs, below we will answer some final questions that people commonly have when they may be considering appealing USCIS decisions.

Q – When appealing USCIS decisions, do briefs need to be filed with appeals forms?

While these FAQs regarding appealing USCIS decisions are informative, contact the Los Angeles immigration lawyers at the Hanlon Law Group, P.C. for more info about your options.

While these FAQs regarding appealing USCIS decisions are informative, contact the Los Angeles immigration lawyers at the Hanlon Law Group, P.C. for more info about your options.

A – Not necessarily. Whether or not a brief will be required should be detailed in the notice a person receives regarding his options for appealing USCIS decisions. However, just because a brief is not required does not mean that a person shouldn’t provide one.

In fact, providing a brief with appeals forms (or after filing these forms) can provide further details about a person’s situation, as well as some essential reasoning for why that individual believes the USCIS may have made an erroneous decision or ruling in his case.

Q – How long will an appeals case take?

A – It depends. This is because some cases will take longer to review than others and, at any given time, the Administrative Appeals Office (AAO) may have more (or less) appeals cases to review and resolve.

In general, however, the AAO strives to resolve appeals cases within six months of these cases being filed.

Q – What about a motion to reconsider? When should I opt for this instead of appealing USCIS decisions or filing a motion to reopen my case?

A – While the specific issues associated with your case will determine when it may be a better idea to file an appeal, a motion to reconsider or a motion to reopen, in general, pursuing a motion to reconsider is preferable when the official who made the decision in an immigration case failed to consider specific legal arguments or applicable laws.

With motions to reconsider:

  • Any “pertinent precedent decisions to establish that the decision was based on an incorrect application of law or
[USCIS] policy” will be necessary (per 8 CFR 103.5(a)(3)).
  • New evidence in the case will NOT be considered. Only legal arguments will be reviewed.
  • Because there is a lot riding on appealing USCIS decisions – and because filing appeals (or motions to reopen or reconsider) can be complicated, it’s critical to consult with the Hanlon Law Group, P.C. to ensure these cases proceed smoothly and are resolved as favorably as possible.

    Los Angeles, California Immigration Lawyers at the Hanlon Law Group, P.C.

    Do you need help appealing a USCIS decision or denial? If so, it’s time to contact the Los Angeles immigration attorneys at the Hanlon Law Group, P.C. For more than 15 years, our trusted lawyers have been successfully representing people in various types of immigration cases, including those that involve the most basic immigration applications to those associated with extremely complicated federal court litigation.

    Let’s Discuss Your Immigration Needs – Contact Us Today

    To learn more about how our Los Angeles immigration attorneys can help you, call (626) 765-4641 or (866) 489-7612 or email us using the form at the upper right-hand side of the screen. From our office in Pasadena, we serve clients throughout the Los Angeles area, across the state of California and from around the world.

    We offer free, confidential initial consultations to provide potential clients with expert advice regarding their immigration law needs. Additionally, we are able to provide immigration legal services in various languages, including in Spanish, Mandarin, Cantonese, Vietnamese, Korean, Japanese, Bahasa Indonesian, Tagalog and Fukienese.

    By |2017-12-19T18:01:31+00:00September 25th, 2014|Categories: Blogs, Uncategorized|Comments Off on Appealing USCIS Decisions: FAQs (Pt. 3)

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