In some unfortunate circumstances, your petition or application can be denied or revoked by U.S. Citizenship and Immigration Services (USCIS). This does not always mean that your case is over. In most cases you may appeal that decision.
If you receive a denial notice, it will advise you of your right to appeal and provide you with the appropriate appeal form and time limit. If you desire to appeal the denial of a petition or application, the notice of appeal must be filed within 30 days of the date of the decision. If you receive the decision by mail, you must file the appeal within 33 days of the date of the decision. If you wish to appeal the revocation of an approved immigrant petition, you must file the appeal within 15 days of the date of the decision, or within 18 days of the date of the decision if the decision is received by mail.
The appeal must be filed with the correct fee at the office that made the original decision. In most cases we file a brief (explanation) in support of the appeal on your behalf. After review, the appellate authority may agree with you and change the original decision, disagree with you and affirm the original decision, or send the matter back to the original office for further action.
In addition to the right to appeal, you may file a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider its decision.
A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made. Any motion to reopen or reconsider must be filed with the correct fee within 30 days of the decision.
There is no appellate review of denials of extension of stay or change of nonimmigrant status. Only one appeal may be filed for each denial or revocation; there is no appellate review of an appellate decision. Only the person that submitted the original application or petition may file the appeal. The petitioner alone has standing to appeal the denial of a visa petition. The beneficiary of a visa petition may not appeal the decision.
Failure to appeal the decision within the time given, will result in a waiver of your right to appeal. If you have received a denial or revocation, time is of the essence. The sooner we become involved the sooner we can collect the necessary evidence, draft a timely appeal and receive a successful result.
If you have received a denial or revocation of your petition, contact us today so that we can begin your appeal immediately (716) 832-2222