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What Are My Options If An Immigration Application Is Denied?

  • Wade Christiansen
  • Wed, 11/26/2014 - 10:39am

The application process to immigrate to the U.S. is a complex process, involving a various application forms and supporting documentation. Even if all of the required forms, fees and documentation are provided, U.S. Citizenship and Immigration Services may still deny immigration applications for various reasons. However, immigration applicants may still file an appeal based on an unfavorable decision in the hopes of reversing the original decision or reopening the original application case. It is important for individuals applying for a U.S. immigrant visa to understand the application appeals process in the event their case or application is denied.

Individuals with denied immigration applications must first determine if they can even file an appeal or motion based on the original reason for denial. The USCIS may deny appeals or motions based on criminal history, deportation or removal status, or security reasons. Individuals that have the option to contest their application decision can file an appeal to a higher authority within the USCIS, or file a motion to reopen the case or reconsider supporting documentation.

The most crucial part of the appeal or motion request is filing a timely and accurate appeal to the USCIS Administration Appeals Office or Board of Immigration Appeals. Filing an appeal requires different forms, applications and fees than filing a motion, so it is imperative that the correct type is chosen and submitted by the specific deadline. In addition, paperwork and relevant supporting evidence must be submitted to the correct office and received within specific time frames.

Although submitting a brief to accompany the appeal or motion is not required, it can be beneficial to help provide an explanation of why the earlier decision was incorrect. Applicants may be granted additional time to submit briefs and supporting evidence when filing appeals, but individuals filing motions typically are not allowed extensions. All briefs and supporting documentation must typically be filed concurrently with the motion.

Filing an appeal or motion in response to an immigration denial notice is a complex process, requiring accurate and efficient filing, and a strong understanding of the legal proceedings involved in each case. Individuals that have been issued immigration denial notices have the best chance to successfully appeal or overturn their original decision when they have expert immigration attorneys on their side. Christiansen Law Firm is a Texas-based immigration and family law firm focused on helping clients successfully navigate the lengthy and complicated path to immigration and citizenship. Christiansen Law Firm has offices in Houston and San Antonio, and can help individuals or families with a broad range of immigration services, including family-based immigration, citizenship and naturalization, appeals, detention bond hearings, and removal proceedings. Contact Christiansen Law Firm today to schedule a free consultation, or go online to request additional information.

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