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You may be able to file a motion to reopen if you would like USCIS to review its unfavorable decision based upon new facts. Your motion to reopen must state new facts you wish to have considered by USCIS. You cannot simply reargue previously stated facts or resubmit evidence that was previously filed with USCIS. In addition to stating the new facts, you must submit affidavits and other supporting evidence to show you were eligible for the requested immigration benefit at the time your petition or application was originally filed with USCIS.
If USCIS denied your petition or application because you failed to timely respond to a request for evidence or notice of intent to deny, you may file a motion to reopen if you can demonstrate:
You typically have to file a motion to reopen within 30 days from the date USCIS made the unfavorable decision. If you properly file a motion to reopen, USCIS will issue a new decision. However, it is important to note that filing a motion to reopen does not suspend implementation of the unfavorable decision or extend your ability to remain in the United States.
Employ top talent, expand your business, or scale your start-up.
Understand your options for working or studying in the US. Discover options for family members interested in immigrating to the US.
Are you barred from receiving legal status in the US?
Are you facing removal or deportation proceedings?
You may be able to seek intervention from the federal courts for decisions as well as applications or petition that are pending or delayed.
Believe USCIS made the wrong decision? Challenge the decision by filing an appeal or motion
Not sure where to get started? No problem! Schedule a phone, in-person, or virtual consultation with our team!