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Immigration AppealsImmigration Appeal DetailsIf your immigration petition or application has been denied or revoked by the USCIS or DOL, you may have a valid basis for an appeal. Appeals are generally allowed where the government agency made a mistake of law or fact or there is new evidence that would make your case approvable. There are generally three avenues of appeal: Motion to Reopen, Motion to Reconsider and an Appeal. When an application is denied, the USCIS or DOL will send a notice to the Petitioner and describe which types of appeals are allowed for the particular case. Motion to ReopenA Motion to Reopen is generally employed where there are new facts, changed conditions or exceptional circumstances. Motion to ReconsiderA Motion to Reconsider is generally employed where the government agency made a legal error or there is a change in the law. For whom is an Immigration Appeal appropriate?Any Petitioner for an immigration benefit whose case was denied. Generally, the Petitioner has between 30-33 days to file an appeal but additional time to respond may be granted in certain cases. Failure to make a timely appeal renders the decision final. What are the requirements for filing an Immigration Appeal?In order to file a successful immigration appeal, the Petitioner must timely file Form I-290B to USCIS or the AAO or in writing to BALCA. All appeals must provide a legal basis for the appeal to be sustained, Any appeal that fails to state a legal basis will be summarily dismissed. Does The Messersmith Law Firm handle these types of cases?Yes, we take all types of immigration cases and represent clients worldwide. Here is a short sample of our recently approved petitions. |
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The Messersmith Law Firm, P.C. |
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