The process of appealing a USCIS ruling might be a difficult one. The procedure, however, may be made considerably more manageable with the help of an immigration lawyer. In this post, we’ll look at what immigration appeals are and how to file an appeal against a USCIS decision.
What is an Immigration Appeal?
An immigration appeal is a process of getting a denial of an immigration application or petition reversed and replaced with a new decision in the client’s favor. An immigration lawyer can help submit and handle the appeal on behalf of their client.
Two Types of Appeals
- Administrative Appeal. This type of appeal is filed with the office that made the original decision (the USCIS, IJ, or BIA). It must be filed within 33 days of the date on the decision notice.
- Judicial Appeal. This type of appeal is filed in federal court. It needs to be filed within 30 days of receiving the denial notice from DHS.
The Process for Appealing a USCIS Decision
To appeal a USCIS judgment, you must go through several processes. The following is an overview of the details:
- Submit Form I-290B. The first step in appealing a USCIS decision is to submit Form I-290B, also known as a “Notice of Appeal or Motion.” This form must be completed and sent to USCIS within 33 days of obtaining the initial removal order.
- Submit Supporting Papers. You must also submit supporting documents and Form I-290B to demonstrate that you have grounds for appeal. Affidavits, expert letters, and other paperwork that supports your argument may be included in these papers. You can still file Form I-290B if you don’t have any supporting documentation, but your case will likely be refused without further examination.
- Pay fees for filing an appeal. These fees vary based on the kind of appeal and whether you have hired a lawyer to represent you.
What Happens After Filing?
One of three things will happen once your administrative appeal has been received and processed:
- The appellate body may affirm (keep) the original decision
- The appellate body may send back the case to the agency for further proceedings
- The appellate body may reverse (overrule) the original decision
An immigration lawyer can help you by:
- Reviewing your case and assessing whether or not you have a sufficient basis for an appeal
- Preparing and completing all of the relevant paperwork
- Representing you in court
- Negotiating with government officials
Contact Tourzani & Long, LLC to File an Immigration Appeal
If your ability to remain in the United States is at risk, you’ll need the help of an experienced immigration lawyer. We will work diligently to build a comprehensive appeal strategy on your behalf. Tourzani & Long, LLC has a wealth of experience, and we fight tirelessly to protect our clients from the devastating effects of deportation. To book a consultation, call (201) 987-0036 today.
Tourzani & Long, LLC – we proudly service New Jersey and New York.