Can I Appeal a Denied Family Immigration Application?

Applying for a visa or citizenship can be a long and complicated process. After meticulously filling out and submitting your application, getting denied can be frustrating and upsetting. Some may fear that it is the end of the road regarding being granted United States citizenship. However, there are some steps that you can take to appeal the decision. Contact a skillful NYC family immigration attorney to find out more about your options.

What Are My Options?

There are a few different ways that you can try again to get your application approved. You can file a motion to reconsider, a motion to reopen, or an appeal.

Motion to Reconsider

• File this if you believe there was an error that led to the USCIS (United States Citizen and Immigration Services) denying your application. If you or your lawyer can prove that a mistake was made it could result in a reevaluation of your case and a repeal of their original decision to deny you.

Motion to Reopen

• File this if you now have new information or evidence relevant to your case that you did not provide the agency with before. It is important to note that when you file a motion to reopen it does not give you a chance to submit documents that you forgot to file the first time, it only refers to reopening your case because of new evidence that you did not have at the time you first submitted your application.

Appeal

• File this if you believe that you were denied in error. Your case will change hands from the original officer who denied your application to someone else who will review the same information and reevaluate. There will be no new information added to your case.

You will need to fill out Form I-290B which is the Notice of Appeal or Motion. Make sure you are filling out all of the fields that apply to you, as you would not want the appeal to be denied because of missing information. You will need to include the correct fee depending on which application you submit.

How Can a Lawyer Help With My Denied Family Immigration Application?

If you did not work with a lawyer the first time, hiring a skilled attorney will be in your best interest when appealing your denied immigration application. Immigration lawyers have seen a multitude of cases similar to yours and will be able to offer sound advice.

Your attorney will be able to analyze and evaluate the details of your case and application, and they may be able to spot any mistakes made, either by you or the USCIS. They have the knowledge to ensure that you submit an accurate and complete application with all required documents and fees.