In this article, you will learn…
- When to appeal and when to re-apply following an unfavorable decision from USCIS,
- Who is reviewing your immigration appeals, and
- How long do you have after a Rejection Notice to appeal that decision.
Can I Appeal Any Decision from U.S. Immigration Services?
Depending on the type of case you filed, you may be eligible to file an appeal or motion on an unfavorable decision. Your options for appeal depend on the type of petition you initially filed and the reasons for the denial.
If My Immigration Petition Is Denied, Is It Better to Start Over and Re-File, or Should I File an Appeal?
It primarily depends on your case’s circumstances and the reasons behind the denial. In many cases, we recommend re-filing a new petition or application as the processing time can be significantly diminished with a new application as opposed to waiting for your appeal to be adjudicated by USCIS or the BIA/AAO.
Does It Hurt Your Chances If You File a New Petition After You’ve Already Been Denied on a Previous Filing?
USCIS will consider the previous denial and will likely search your prior application to reconcile the deficiencies flagged. It’s certainly not impossible to refile a new case and receive a favorable decision with that new case. In fact, we have successfully filed many new cases that had been previously denied, requesting the same exact benefit but including stronger supporting evidence.
Generally, Who Is Reviewing These Immigration Appeals?
The Board of Immigration Appeals (BIA) and the Administrative Appeals Office (AAO) are administrative appellate entities that have jurisdiction over different types of immigration cases. You may appeal certain USCIS issues to the USCIS AAO or the BIA, an office within the Department of Justice.
As your attorneys, we will be in communication with AAO or BIA via written communication. You are granted the opportunity to have a hearing and be heard, but at the onset of the case, the entire appeal and correspondence will be filed remotely and followed up on remotely by our office.
How Long Do I Have to File an Appeal After an Unfavorable Immigration Decision?
Generally, you must file an appeal within 30 days from the date of the decision, not the date you received the decision.
A shorter appeal period may apply to some cases such as the revocation of the approval of a petition, which is typically a 15-day deadline.
Your Decision Notice will tell you exactly how long you have to file the appeal. There is no extension to this deadline. However, an additional three days is allocated if your decision is mailed to you. Therefore, you will have 33 days in the case of denials and 18 days in the case of revocations.
If My Appeal is Denied is There Any Further Action to Take at That Point?
Under the law, you may only appeal a decision on a motion to the AAO if the original decision was appealed to the AAO.
What is Your Experience Guiding Your Clients Through the Immigration Appeals Process?
We have successfully filed and guided clients through both BIA and AAO appeals filed through, during, and after the pandemic. It is notable that the processing times for BIA and AAO decisions significantly increased during the pandemic and thereafter as a result of the same. As a result, patience is required in these sorts of cases.
For more information on the Immigration Appeals Process in the US, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (201) 500-8164 today.