If you go through all of the effort to submit an immigration application to U.S. Citizenship and Immigration Services, only to get denied, that can be incredibly frustrating. The good news is that you can appeal a denied immigration application. A New York City green card immigration lawyer from our law firm can help you with the process.
How Do I Appeal a Denied Immigration Application?
You can appeal a denied immigration application by filing form I-290B, Notice of Appeal or Motion with the Administrative Appeals Office. You must file this form with the AAO within 30 days of your rejection. If your decision was mailed to you, that 30-day timer began on the day that it was mailed to you. We should also note that you also can only submit an appeal for your own denied immigration application. An attorney or someone else cannot file the appeal on your behalf. You must be involved in the process.
What Do I Need to Include in My Appeal?
When you submit your appeal, you need to be sure that it includes a few things. It needs to contain:
- The $675 filing fee
- A copy of a prior related following, like your previous application
- A legal brief outlining why you are submitting an appeal of a denied immigration application
- Evidence that there was a good reason why you took more than 30 days to appeal, if you encountered a delay
If any of the required materials or fees are not included, appeals can be rejected. If the forms are not properly filled out or signed, that can also mean rejection.
Do I Need an Attorney to Appeal a Denied Immigration Application?
The forms to appeal a denied immigration application are online and readily available, so it is no surprise that some people think that there is no reason to go to an attorney. However, even if you can get the forms yourself, it can be helpful to have a lawyer go over everything with you and make sure that everything is filed correctly.
If you do not include everything you need on your appeal, that can be an automatic rejection. You are already working with a narrow 30-day window, so you may not be able to properly file the appeal again once you are notified of your error. When you work with an experienced immigration lawyer, you can be sure that everything will be done correctly the first time.
Talk to an Attorney Today
We can assist you with appealing a denied immigration application or any of your other immigration needs. Contact the Law Office of Cheryl R. David and schedule an appointment with our legal team. We will do everything that we can to help you along on your journey to become a United States citizen.
