Appeals And Motions: Questions And Answers

If you are dealing with various immigration issues, it can be a complex and often confusing process. Whether it involves applying for citizenship or a green card, attempting to obtain employment eligibility, or perhaps petitioning for a relative to come to the U.S., these and other situations often run into various denials along the way. As a result, you may need to file appeals and motions with the USCIS, all of which have various deadlines and other requirements. If you are facing such a situation, here are some questions and answers pertaining to appeals and motions, as well as why it is crucial you work with an immigration appeal lawyer from Alami Law.

Immigration Appeal Lawyer

What Can I Do About an Unfavorable USCIS Decision?

When given an unfavorable decision by the USCIS, you have the right to file an appeal or motion. When filing an appeal to have the decision reviewed by a different authority, this will be done through the USCIS Administrative Appeals Office or Board of Immigration Appeals. When filing a motion, this is a specific request to the USCIS that issued the unfavorable decision to review its findings. Since you may need numerous documents and other evidence for appeals and motions, always rely on an immigration appeal attorney from Alami Law.

Who Can File an Appeal or Motion for a Visa Petition?
In these situations, the petitioner is the only person who can file an appeal or motion for a visa petition. If you are the beneficiary of the visa petition, you may only file an appeal or motion if you are in the unique position of being both beneficiary and petitioner. Since there will be many forms including I-140 and I-185 involved in these appeals or motions, always rely on an immigration lawyer Pasadena residents know has a thorough understanding of this process, such as Alami Law.

How Will I Know if I Can Appeal a Decision?
When a decision is made regarding your case, you will receive a notice in the mail stating whether your request was approved or denied. In the letter, information will be present stating whether or not your decision can be appealed, and if so where the appeal may be filed. If your request is denied, do not try to handle this situation on your own. Instead, work with Alami Law to navigate the immigration appeal process.

Is There a Time Limit to Filing an Appeal?
Yes. If you decide you need to file an appeal regarding an unfavorable USCIS decision, you will usually have only 30 days from the date of the decision, not the date you receive the decision. Therefore, you should not procrastinate when deciding whether or not to appeal your decision. Since you will undoubtedly have questions about the decision and the appeals process, make sure you schedule an immediate meeting with an immigration appeal lawyer from Alami Law.

What if New Facts Emerge About My Case?
Should you have new facts or evidence that could possibly change the original decision of your case, your immigration appeal attorney from Alami Law can file a request known as a motion to reopen. When the motion is filed, it must state the new facts as well as contain affidavits and other documents that can be used to prove your case. When doing so, you and your immigration lawyer Pasadena residents trust from Alami Law must remember the new facts must be relevant to the motion's issues, and may also not be facts that have been previously stated in any manner.

How is a Motion Filed?
To file a motion, you and your attorney will need to complete Form I-290B, Notice of Appeal or Motion. When doing so, always make sure you do in fact hire an immigration appeal lawyer to help with this process. If you do not and instead simply send a written letter to USCIS, this will not be accepted as a motion. Also, you will have only 30 days from the date of the decision to file your motion, so make sure you begin to work immediately with a skilled attorney on the immigration appeal process.

Can The Filing Fee Be Waived for Appeals or Motions?
Yes. If you and your attorney can prove you have an inability to pay the fee, DHS regulations do offer steps allowing for the fee to be waived.

How Long Does it Take to Reach a Decision on Appeals or Motions?
Once your appeal or motion is filed, you can expect decisions to be rendered and notifications sent within 90-180 days.

Due to various deadlines, filing fees, and other regulations associated with filing appeals and motions, never try to navigate the immigration appeal process on your own. Instead, contact Alami Law to schedule a consultation and discuss your situation in greater detail.

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