When you need to change your immigration status, you will have to deal with U.S. Citizenship and Immigration Services (USCIS), and in many cases, you will have to submit applications, pay fees and potentially even attend interviews. Despite your efforts and investments, however, you may end up getting an unfavorable decision from USCIS. While these situations can be upsetting, frustrating and even disheartening, it’s important for people to remember that appealing USCIS decisions may be an option for them.
In this blog series, we will answer some commonly asked questions about appealing USCIS decisions. While the answers and info provided herein are general, you can easily obtain more specific info and professional advice regarding your immigration case and issues by contacting the Los Angeles immigration attorneys at the Hanlon Law Group, P.C.
A – If the USCIS has denied your application for some immigration status change, you may be able to appeal this decision. In fact, the notice of denial you received should detail whether or not you can appeal the USCIS decision and, if so, where you should file this appeal. Typically, appealing USCIS decisions will involve filing specific, detailed paperwork with either the:
In the event that a person does NOT have the right to file an appeal, it may still be possible for him to get his case reopened or to file a motion to reconsider the decision.
If you’ve received a denial or some other unfavorable decision from USCIS, contact the Hanlon Law Group, P.C. to find out if you are eligible to file an appeal and, if so, your best options for moving forward and resolving your immigration issues as favorably and efficiently as possible.
A – In general, no. USCIS typically does not waive the filing fees for appeals cases. However, per Department of Homeland Security (DHS) regulations (8 CFR 103.7(c)), when the underlying case or immigration application was eligible for a filing fee waiver, the appeal related to that case may also be eligible for waiver.
A – Yes. In general, people will have to file an appeal within 30 days of the date of the decision (i.e., the date on the notice they received from USCIS). It’s important to point out here that:
A – In most cases, filing an appeal will involve completing a Form I-290B, Notice of Appeal or Motion; there are, however, some exceptions to this, depending of course on the specific issue involved.
While the notice from USCIS regarding a denial and a person’s options for appealing USCIS decisions will usually detail the specific forms that have to be completed in order to officially initiate the appeals process, in general, the following forms may be applicable to the stated issues:
A – During the process of appealing USCIS decisions, the USCIS agent or officer who made the initial decision in the case will review the case. Then:
It’s important that people appealing USCIS decisions are also aware that filing an appeal will not stop other actions – such as, for instance, deportation – from taking place.
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.
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.
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:
[USCIS] policy” will be necessary (per 8 CFR 103.5(a)(3)).
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.
Do you need help appealing a USCIS decision or denial? If so, it’s time to contact theLos 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.
To learn more about how our Los Angeles immigration a lawyer can help you, call (626) 684-3712 or (866) 227-5527 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.
