Getting denied after months—or even years—of waiting on an immigration application can feel like a punch to the gut. We’ve seen it happen to people who did everything they thought they were supposed to do. They followed the rules, filed the forms, and told their truth. Then a letter arrived in the mail saying no.
At Tourzani & Long, LLC, we’ve helped people through the disappointment and confusion that follows a denial. What matters most in that moment is not panicking, not giving up, and definitely not letting the timeline slip away. If you’ve been denied, there’s a process to challenge that decision—and it starts with understanding what kind of appeal, motion, or action applies to your case.
Step One: Read the Denial Notice Carefully
This is the part nobody really wants to do, but it’s critical. The denial notice isn’t just a rejection—it’s the government’s explanation. It should outline the reason for denial, whether you have the right to appeal, and what deadlines you’re up against.
Not all immigration decisions can be appealed. Some must be challenged through a Motion to Reopen or Motion to Reconsider, while others may go through the Board of Immigration Appeals (BIA) or another administrative body. What you’re allowed to file—and where—depends entirely on the case type.
Step Two: Determine Your Appeal or Motion Path
Here are the most common options after a denial:
Motion to Reopen (MTR)
You file this when you have new facts or evidence that wasn’t previously considered. Maybe you found missing documentation, or maybe your situation has changed significantly. The motion must explain why the case should be looked at again, based on those new developments.
Motion to Reconsider
This argues that USCIS made a legal or factual error in denying your application. There’s no new evidence—you’re saying they misapplied the law or overlooked something important.
Appeal to the AAO (Administrative Appeals Office)
If your application was denied by USCIS (like an I-130 or I-140), you may be able to appeal to the AAO using Form I-290B. This is where you argue that the decision was incorrect and should be overturned.
Appeal to the BIA (Board of Immigration Appeals)
If your denial came from an immigration judge, not USCIS, and you’re facing removal or already in proceedings, you may need to appeal to the BIA. These cases are more formal and require a detailed legal brief and supporting evidence.
Each of these has strict deadlines—often 30 days or less from the date on your denial letter. That’s why you can’t afford to wait.
Step Three: Gather Supporting Documents
Whether you’re filing a motion or an appeal, you need to back it up. That might include:
- New affidavits or declarations
- Additional records or corrected forms
- A personal statement explaining your side
- Legal arguments, especially if you’re showing USCIS misapplied the law
This is where many people stumble. It’s not enough to say, “I disagree.” You have to make a case—and the government needs to see why their decision should be reversed or reconsidered. That’s where an experienced legal team can really help shape the narrative and highlight what matters most.
Step Four: File Your Motion or Appeal Properly
Filing the wrong form, sending it to the wrong office, or missing the deadline can shut your case down completely. We’ve worked with people who meant well but misunderstood the filing process, only to have their second chance slip away.
You’ll usually need to:
- Complete Form I-290B (for most motions and USCIS appeals)
- Pay the required fee (or request a fee waiver, if eligible)
- Include a cover letter and supporting documents
- Send everything to the correct filing address listed in the denial notice
We always double-check these steps—because missing one detail can cause a delay or outright rejection of the motion or appeal.
What Happens After You File?
Processing times vary depending on the type of case and where it’s being reviewed. USCIS motions can take several months. Appeals to the AAO or BIA may take longer. In the meantime, your immigration status may remain in flux.
If you’re in removal proceedings or have a deportation order, things get more urgent. You may be able to request a stay of removal while the appeal is pending, but that depends on the situation. Every case has different stakes, and those details matter.
You Don’t Have to Do This Alone
Filing an immigration appeal is more than just a chance to fix a mistake—it’s a second shot at staying in the country, keeping your family together, or continuing a life you’ve already built. At Tourzani & Long, LLC, we approach each appeal with care, strategy, and a deep understanding of what’s at stake.
We serve individuals across a wide range of immigration matters and welcome inquiries from all backgrounds. If you’ve received a denial and aren’t sure what to do next, visit tourzanilaw.com. Let’s take a look at your options—together.