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What are ways to appeal an immigration decision?

| Dec 29, 2020 | Immigration law

As an immigrant, you have different ways to apply to live in the United States. You may want to become a citizen. You may apply for a work visa so you can take a job in the U.S. A green card is another way to become a resident. However, there is no guarantee that the government will accept your application.

A denial may seem like the end of your dreams of U.S. residency, but it does not have to be. Depending on your circumstances, you may appeal the decision to deny your application.

Options to appeal a denial

The U.S. Citizenship and Immigration Services website explains that you may file an appeal if the government hands down a decision unfavorable to you. You will have to file your appeal with the specific government organization that has jurisdiction over your case.

For example, there are some decisions made by the USCIS that you must appeal to the USCIS Administrative Appeals Office. You may also appeal certain decisions to the Board of Immigration Appeals, which is an office within the Justice Department.

Options to file a motion

While the government will sometimes not accept appeals to certain denials, it might consider a motion instead. A motion is a request to the office that turned down your application to review your application again for a specific reason. A motion to reopen asks the office to review its decision based upon new facts and evidence that supports your application.

You may also file a motion to reconsider. This request asks for a reconsideration of your application due to a misapplication of the law or an incorrect application of evidence that factored into your denial.

The denial letter will contain the information you need for deciding what your options are.