Answers to Common Questions about Highly-seasoned USCIS Decisions.

When yous need to change your immigration status, you volition have to bargain 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, still, you lot may cease up getting an unfavorable decision from USCIS. While these situations can be upsetting, frustrating and fifty-fifty disheartening, it'due south important for people to remember that appealing USCIS decisions may exist an choice for them.

In this blog serial, nosotros will answer some normally asked questions about appealing USCIS decisions. While the answers and info provided herein are general, yous can easily obtain more than specific info and professional person advice regarding your clearing case and issues past contacting the Los Angeles immigration attorneys at the Hanlon Law Group, P.C.

justice scales and court gavel
justice scales and court gavel

Q – I recently received a notice regarding an unfavorable USCIS decision. What can I practice nearly this?

A – If the USCIS has denied your awarding for some immigration status change, you may be able to entreatment this decision. In fact, the find of denial you received should item whether or non you can appeal the USCIS conclusion and, if so, where you should file this entreatment. Typically, appealing USCIS decisions volition involve filing specific, detailed paperwork with either the:

  • USCIS Administrative Appeals Office (AAO); or
  • Board of Clearing Appeals (a division of the U.S. Department of Justice).

In the result that a person does NOT take the right to file an appeal, it may nevertheless exist possible for him to get his instance reopened or to file a movement to reconsider the decision.

If you've received a denial or some other unfavorable conclusion from USCIS, contact the Hanlon Police Group, P.C. to discover out if you are eligible to file an appeal and, if so, your best options for moving forrard and resolving your immigration bug as favorably and efficiently as possible.

Q – Is it possible to get the filing fees for appeals waived?

A – In general, no. USCIS typically does not waive the filing fees for appeals cases. Notwithstanding, per Section of Homeland Security (DHS) regulations (8 CFR 103.vii(c)), when the underlying case or immigration application was eligible for a filing fee waiver, the entreatment related to that case may as well be eligible for waiver.

Q – Are there time limits for appealing USCIS decisions?

A – Yes. In full general, people volition have to file an appeal within 30 days of the date of the decision (i.eastward., the date on the notice they received from USCIS). It'south of import to indicate out hither that:

  • The discover from USCIS should specify the date on which the appeal menstruum ends.
  • Extensions for highly-seasoned USCIS decisions are Not available. In other words, if you miss the window for filing an entreatment, you volition lose your opportunity to practice so in the future.
  • Although appeals must be filed by the specified deadlines, supporting documentation to the appeal (like, for case, briefs) may be submitted afterward the borderline in some cases.

Q – How do I file an appeal?

A – In most cases, filing an appeal will involve completing a Form I-290B, Discover of Appeal or Motion; there are, however, some exceptions to this, depending of course on the specific event involved.

While the notice from USCIS regarding a denial and a person's options for appealing USCIS decisions will ordinarily detail the specific forms that have to be completed in social club to officially initiate the appeals process, in general, the post-obit forms may be applicable to the stated bug:

  • Form N-336 (Request for a Hearing on A Decision in Naturalization Proceedings) is for appealing USCIS decisions regarding citizenship and naturalization matters.
  • Course EOIR-29 (Find of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer) is for appealing USCIS decisions regarding immigration issues affecting alien relatives.

Q – What happens during the process of appealing USCIS decisions?

A – During the procedure of appealing USCIS decisions, the USCIS agent or officer who fabricated the initial conclusion in the case will review the instance. Then:

  • A decision volition be made regarding whether the case should exist reopened or reconsidered, based on the information and arguments provided in the appeals documents
  • The case volition be forwarded to the AAO or the BIC for more intensive review if the officer reviewing the case decides that reopening or reconsidering the case is not warranted.

Information technology's important that people appealing USCIS decisions are besides enlightened that filing an appeal volition not stop other deportment – such as, for instance, deportation – from taking place.

Q – When appealing USCIS decisions, do briefs need to be filed with appeals forms?

A – Not necessarily. Whether or not a brief will be required should be detailed in the notice a person receives regarding his options for highly-seasoned USCIS decisions. Nevertheless, just because a brief is non required does non mean that a person shouldn't provide one.

In fact, providing a cursory with appeals forms (or after filing these forms) can provide further details nearly a person'southward 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.

Q – How long volition an appeals instance take?

A – It depends. This is because some cases will take longer to review than others and, at any given fourth dimension, the Administrative Appeals Function (AAO) may have more (or less) appeals cases to review and resolve.

In general, however, the AAO strives to resolve appeals cases inside half dozen months of these cases beingness filed.

Q – What nigh a motion to reconsider? When should I opt for this instead of appealing USCIS decisions or filing a motion to reopen my case?

A – While the specific issues associated with your case will determine when information technology may be a ameliorate thought to file an entreatment, a motion to reconsider or a motion to reopen, in general, pursuing a motion to reconsider is preferable when the official who made the conclusion in an immigration case failed to consider specific legal arguments or applicable laws.

With motions to reconsider:

  • Any "pertinent precedent decisions to plant that the decision was based on an incorrect application of law or

[USCIS] policy" will be necessary (per viii CFR 103.five(a)(3)).

  • New show in the example will Non exist considered. Simply legal arguments will exist reviewed.

Because there is a lot riding on appealing USCIS decisions – and because filing appeals (or motions to reopen or reconsider) can be complicated, it'south critical to consult with the Hanlon Law Group, P.C. to ensure these cases keep smoothly and are resolved as favorably as possible.

Los Angeles, California Clearing Lawyers at the Hanlon Police Group, P.C.

Practice you need help highly-seasoned a USCIS decision or denial? If so, it's time to contact theLos Angeles immigration attorneys at the Hanlon Police force Grouping, P.C. For more fifteen years, our trusted lawyers have been successfully representing people in various types of clearing cases, including those that involve the near basic immigration applications to those associated with extremely complicated federal court litigation.

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To acquire more nigh how our Los Angeles immigration a lawyer tin aid yous, call (626) 684-3712 or (866) 227-5527 or e-mail us using the grade 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 earth.

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