Denial Of Your Immigration Case & Your Options

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Let An Experienced Immigration Lawyer Help You Appeal a Denial

When your immigration application has been denied, you might feel like you have no more options. In most circumstances, though, you have a number of legal options available to you to request that officials reopen and reconsider your case. You can appeal the initial decision, which could reverse the initial ruling and result in getting the immigration status you need to remain in the United States. Often, though, the process of reopening and appealing a denial is a difficult one. You should consider hiring a lawyer experienced in immigration law to help you navigate the complicated immigration system and better your chances of a positive outcome for your care.

Whether you were denied at the Consulate or at your local United States Citizenship and Immigration Services (USCIS) office, a dependable immigration lawyer is who you will need to guide you through the procedures involved in filing an Appeal or Motion to Reopen/Reconsider, or for requesting supervisory review at the consular post, advisory opinions from the Visa Office, a judicial review, waivers, or for implementing other strategies to aid your immigration case.

Why Was Immigration Application Denied and What to do Next

Why Was Your Application Denied and What to do Next

There are many reasons that an application for immigration is denied, some of which may not be your fault. A denial of your application could be due to a bureaucratic mistake or due to lack of evidence on the applicant’s part. When you are informed that your application has been denied, you should be supplied with the reason for the denial. This is useful information; it can help you address any issues in your initial application when you reapply or help your immigration lawyer to know how best to appeal your case.

When USCIS informs an applicant or petitioner of the denial of their application, the applicant generally has 30 days (three days added if notice was mailed) to file an appeal or a Motion to Reopen or Motion to Reconsider their decision. The decision as to the most appropriate motion to file is an important one, and sometimes choosing one over the other can prove to be critical. If you receive a denial, you have several options, and even if the decision is not appealable, you can still file either a Motion to Reopen or a Motion to Reconsider.

Motion To Reopen

A motion to reopen is a request for the original decision maker to review a decision. The motion must be based on factual grounds, such as the discovery of new evidence (not just something that was previously omitted) or changed circumstances, and it must state the new facts to be provided in the reopened proceedings and be supported by affidavits or other documentary evidence. Also, there are specific requirements for filing a motion to reopen a case that was denied due to abandonment. If a motion to reopen meets the requirements, the underlying case will be returned to pending status. The USCIS may review all the evidence and either approve or deny the immigration case.

Motion To Reconsider

A motion to reconsider is a request to the original decision maker to review a decision based on legal arguments. It should explain the reason the decision is wrong. These usually involve arguing that the USCIS misinterpreted or misapplied the law, disregarded or misinterpreted the facts, or a combination of both errors of fact and law. The arguments generally rely upon the supporting evidence of existing law, regulations, policy, and previous case decisions. In these motions, it’s especially important to work with an experienced immigration lawyer because they will be able to pinpoint where the law was misapplied and make the correct legal arguments on your behalf.

The Appeal

Appealing a denial asserts that the deciding authority made a legally incorrect determination based on the law and the submission of evidence. There must be a reason given for why the decision was erroneous. The appeal asserts that the decision was legally incorrect based on law and the evidence presented and the reason the decision was erroneously made.

Most appeals of immigration actions are heard by the U.S. Citizenship and Immigration Services’ Administrative Appeals Office (USCIS AAO). Deportation cases may go to the Board of Immigration Appeals. Alternatively, requests for reconsideration or to reopen are processed by the same authority that made the initial determination. Consular visa applicants found ineligible by the Department of State may also apply for a waiver of inadmissibility.

Has Your Application Been Denied?
Schedule A Consultation with Our Lawyers Today

Having your immigration application denied is stressful, emotional, and can leave you feeling unsure about your future. Having a consultation with our immigration lawyers can put your mind at ease, answer your questions, and show you that there is a path forward to getting your status approved.

Contact our office and our immigration lawyers will teach you how to challenge U.S. Citizenship and Immigration Services or the State Department, at (718) 324-0404 or (845) 849-9201, use the form at the right, or email us at Our consulations are free of charge and confidential.

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