Discover a seamless Guide to Appeals and Motions to Reopen After an Immigration Denial with Din Law Group.
If you have been denied immigration benefits or received an unfavorable immigration court decision, an immigration attorney experienced with appeals and Motions to Reopen may be able to help you.
If you’ve received an unfavorable decision or denial, find a skilled immigration attorney as soon as possible. You have less than a month to challenge the decision with an appeal or Motion to Reopen.
Many people are denied immigration benefits over errors or issues that a capable immigration lawyer can readily address. Denials are significantly more likely when people try to navigate the Immigration and Nationality Act without legal representation.
Other reasons people are denied immigration benefits include:
No matter what happened in your immigration case, if you are denied benefits, received an unfavorable decision in immigration court, or face deportation, reach out to Din Law Group as soon as possible.
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We understand that if you’re faced with an unfavorable decision or denial, you will have many questions. You may ask, “What is a motion to reopen?” and “Can I appeal?” In this guide, we will answer those questions.
We understand you may want to familiarize yourself with your options before talking to an attorney, but please don’t delay contacting an immigration lawyer. Your attorney will need preparation time to fight for you and decisions must be made within tight time limits.
In this guide, we will discuss strategies your lawyer may use to help you. Plus, we will answer FAQs including:
Whether you can challenge the decision of an immigration official or judge varies based on your situation. Depending on your unique case, your attorney may suggest one of the following legal strategies:
Several dozen USCIS petitions and applications are under the appellate jurisdiction of the AAO. The AAO also handles decisions issued by Immigration and Customs Enforcement (ICE).
To file an appeal with the AAO, your appeal lawyer will file a Form I-290B, Notice of Appeal or Motion.
Form I-290B is often used to appeal decisions pertaining to:
The AAO uses a “de novo review” of all cases. That means that if you appeal to the AAO, it takes a fresh look at your case, as though your case is brand new.
It’s critical that you hire an attorney when appealing to AAO because the de novo review could potentially catch other errors or issues in your case that were overlooked the first time around. It could find other reasons to deny your application or petition, so you must seek the legal help of an experienced immigration attorney.
The BIA is a part of the Department of Justice’s Executive Office for Immigration Review (EOIR). The BIA usually reviews unfavorable immigration court decisions, but it also reviews denials of Form I-130 which is used for family-based immigration.
If your immigration attorney is fighting a decision made by an immigration judge, they will submit Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge on your behalf.
If your immigration attorney is fighting a USCIS decision about your Form I-130 petition, they will submit Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer on your behalf.
Sometimes it’s either best not to appeal a decision or you simply can’t appeal a decision. In these cases, your lawyer may suggest filing a Motion to Reopen or a Motion to Reconsider. When filing a Motion to Reopen or a Motion to Reconsider, your lawyer must file Form I-290B, because it’s a request made of USCIS.
A Motion to Reopen asks USCIS to examine new evidence that could change their minds about their initial decision. A Motion to Reconsider asks USCIS to take another look at existing evidence when the agency used improper application of U.S. immigration law while deciding on your case.
If your attorney believes that your best option is filing a lawsuit in federal court, they will suggest litigation instead of an appeal or Motion to Reopen. The Administrative Procedure Act (APA) provides a means for you to sue a federal agency if your situation is appropriate.
Your attorney could suggest litigation:
Litigation may be better than an appeal or Motion to Reopen because sometimes the government agency you are challenging in court may simply offer to approve your petition instead of wasting resources on litigation.
If your lawyer believes you’ve been treated unfairly, they may also suggest litigation if they believe that you will find more fairness in front of a judge not affiliated with any immigration related agency.
Yes, your lawyer can appeal a denial of Form I-130, by filing Form EOIR-29 with the BIA within 30 days of your denial.
Form I-290B is the form used to file an appeal, Motion to Reopen, or Motion to Reconsider with the AAO. It is not used to appeal Form I-130.
When Form I-290B is used to appeal, the processing time usually is between six months and two years. When Form I-290B is used for a Motion to Reopen, the processing time is usually about three months.
Unfortunately, Form I-290B doesn’t grant you permission to stay in the United States, but your lawyer may be able to find a legal solution while you wait to hear back on your Form I-290B.
Unfortunately, you can’t appeal decisions made by U.S. consulate officials, but your attorney can help you reapply properly or reapply with applicable waivers.
If you need to challenge an unfavorable immigration decision, contact Din Law Group as soon as possible. Typically, to file an appeal or Motion to Reopen, your forms must be received by the proper appellate body within 30 days of the unfavorable decision, so don’t delay. If you request a free, confidential consultation with an experienced immigration attorney at Din Law Group, we will reach out within 24 hours.
At Din Law Group, PLLC, our practice is exclusively dedicated to immigration law. We have extensive experience assisting our clients with complex issues related to family-based immigration, asylum, naturalization, immigration bond hearings, and removal defense.
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