Getting a denial from U.S. Citizenship and Immigration Services (USCIS) or immigration court may feel like the end of the road for your immigration journey, but it does not have to be.
In many types of immigration cases, you still have the right to challenge the initial decision through an appeal or motion. However, you have to act quickly; you generally have minimal time to exercise this option, and waiting too long could mean that the denial becomes permanent. Working with an experienced immigration appeal lawyer can put you in the best position to challenge your denial.
Many immigration appeals and motions begin with Form I-290B. Understanding how I-290B works may help you decide whether to file an appeal, a motion to reopen, or a motion to reconsider.
Ready to learn more about how we can help? Call Karlin & Karlin at 888-365-1555 to schedule a consultation now.
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Challenge Your USCIS Denial With Experienced Legal Representation
An immigration denial may not be the final word. Karlin & Karlin can review the decision, applicable deadlines, and available options to determine whether an appeal, motion, or other legal strategy may be appropriate.
What to Do After an Immigration Denial
After a denial in your immigration case, you generally have a few options available to you. You can file an appeal, submit a motion to reopen/reconsider, or reapply with a stronger application.
While all of these options have the ultimate goal of getting your application approved, they all work in different circumstances. Deadlines are strict, often as little as 30 days, depending on which choice you pursue.
Rather than rushing into a new application, you may find that it’s a better use of your time to figure out what went wrong with your first application and determine whether or not you can fix it.
Form I-290B and Your Appeal Options
Form I-290B, Notice of Appeal or Motion, is the main form used to challenge many immigration decisions by USCIS. With Form I-290B, you can:
- File an appeal with the Administrative Appeals Office
- Submit a motion to reopen based on new evidence
- Submit a motion to reconsider based on legal or factual errors
These options are not interchangeable. While an appeal argues that they made the wrong decision based on the information available, motions focus on new information or fixing errors.
Experienced Legal Help, Delivered with Care and Commitment.
What is a Motion to Reopen and When Does It Apply?
A motion to reopen is used when you have additional evidence or facts that were not included in your original application. For example, you may go this route if you have more documentation that strengthens your case, your circumstances have changed since the original filing, or important evidence was unavailable at the time of filing (and is now available to you).
For your motion to reopen to be successful, you must be able to explain why the new evidence matters to your case.
Can an Immigration Appeal Lawyer File a Motion to Reopen Immigration Court Cases?
Yes. An immigration appeal lawyer can file a motion to reopen an immigration court case through the Executive Officer for Immigration Review, not USCIS. They pursue this route after removal proceedings begin or you receive an unfavorable court decision.
There are strict filing deadlines and limited opportunities to file additional motions. That is why you must work with an immigration appeal lawyer who has experience in reopening immigration court cases.
What is an Appeal and When Does It Apply?
An appeal asks a higher authority to review a denial because you believe the original decision was incorrect based on the evidence and law already in the record. It applies when USCIS or another immigration authority made a mistake in deciding your case.
What is a Motion to Reconsider and When Does it Apply?
A motion to reconsider asks the same agency to review its decision because it made a legal or factual error. It applies when no new evidence is needed, but you can show the denial was wrong under the law or based on the facts already submitted.
How Long is the I-290B Processing Time?
I-290B processing times largely depend on whether you filed an appeal or motion, how complex your case is, and the current caseload. You should expect your case to take several months or even longer to resolve.
If a Green Card Is Denied, Can I Apply Again?
This is a common question from those who have had their application denied. In many cases, you can reapply for a green card after a denial. But you must do so strategically. Resubmitting the same application without addressing the reasons you were initially denied is likely to result in another denial.
Common Denial Reasons
Your immigration appeal lawyer can help you understand why your application was likely denied. Common reasons include:
- Missing or insufficient evidence
- Not meeting eligibility requirements
- Errors or inconsistencies in your documentation
- Previous immigration violations
How an Immigration Appeal Lawyer Can Help
At Karlin & Karlin, we take a careful, detail-oriented approach to immigration appeals. We know that it can be challenging to get USCIS or EOIR to reconsider a previous decision, which is why we prepare extensively by reviewing your notices and case history.
There are several options for appeals, and we’re focused on finding the right solution for your unique circumstances. Whether that means filing an appeal, a motion to reopen, or a motion to reconsider, we know how to approach it strategically.
If you’ve already been denied, the court needs compelling evidence to even consider changing its decision. We’ve worked through this system many times before, and we can support you on your immigration journey.
Ready to discuss your appeal options? Let’s talk. Call us at 888-365-1555 or get in touch with us online to get started.
