If your immigration petition or application has been denied or revoked by the USCIS or DOL, you may have a valid basis for an appeal. Appeals are generally allowed where the government agency made a mistake of law or fact or there is new evidence that would make your case approvable. There are generally three avenues of appeal: Motion to Reopen, Motion to Reconsider and an Appeal. When an application is denied, the USCIS or DOL will send a notice to the Petitioner and describe which types of appeals are allowed for the particular case.
A Motion to Reopen is generally employed where there are new facts, changed conditions or exceptional circumstances.
A Motion to Reconsider is generally employed where the government agency made a legal error or there is a change in the law.
Any Petitioner for an immigration benefit whose case was denied. Generally, the Petitioner has between 30-33 days to file an appeal but additional time to respond may be granted in certain cases. Failure to make a timely appeal renders the decision final.
In order to file a successful immigration appeal, the Petitioner must timely file Form I-290B to USCIS or the AAO or in writing to BALCA. All appeals must provide a legal basis for the appeal to be sustained, Any appeal that fails to state a legal basis will be summarily dismissed.
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