What can you do if USCIS has denied your petition or application? You may be able to challenge USCIS’s decision by filing an appeal or motion. When USCIS denies a petition or application, a written decision is sent to you explaining the reasons why your petition or application has been denied. Unfortunately, denials by USCIS are becoming increasingly more and more common. Challenging a decision made by USCIS requires adhering to strict deadlines, filing the right paperwork, and preparing a legal and factual argument explains why the decision was wrong.
Typically, you have 30 days to file your notice of appeal or motion. How you challenge a decision depends upon the application or petition that was denied. Some unfavorable decisions may be appealed to the Administrative Appeals Office (i.e. AAO) or Board of Immigration Appeals (i.e. BIA) while with others, you can only file a motion to reconsider and/or reopen with USCIS. Challenging a denial made by USCIS is often complex and time-consuming. Having the assistance of an experienced immigration attorney is often key to successfully challenging a decision made by USCIS.
Our team of experienced immigration attorneys can determine whether you can appeal or need to file a motion to reconsider and/or reopen and the proper procedure for challenging the unfavorable decision.
Do you disagree with a decision issued by U.S. Citizenship and Immigration Services or the Board of Immigration Appeals? Do you have an application or petition that has been pending with U.S. Citizenship and Immigration Services for a long time? Has a decision on your application for naturalization been unreasonably delayed? Have you been detained by Immigration and Customs Enforcement for an extended period of time?
You may be able to seek intervention from the federal courts. Unfortunately, the need for federal litigation is increasingly becoming more and more common. Immigration-related litigation before the federal courts is vastly different from immigration proceedings before the immigration courts, Board of Immigration Appeals (i.e. BIA), and USCIS. Federal courts can only hear certain immigration-related matters. This means that you cannot simply file an action in federal court, because you disagree with a decision or feel you have waited too long for a decision. Litigation before the federal courts is often complex and time-consuming. However, federal court litigation is a great option for you if you followed the procedures and are out of administrative options.
Our team can help you with the following types of federal litigation: petitions for review, challenges to delays in processing naturalization applications, challenging USCIS’s denial of an application for naturalization, complaints for writ of mandamus, actions under the Administrative Appeals Act, and habeas corpus petitions.
Do you disagree with a decision, or do you have an application or petition pending or delayed?
Has it been 120 days since you were interviewed by the USCIS local field office in connection with your Form N-400, Application for Naturalization?
Do you believe your application for naturalization was erroneously denied?
Has USCIS issued a decision regarding your petition or application that is contrary to law or fails to consider all the relevant facts?
Has your application or petition been pending for a long period of time?
Are you being unlawfully detained by the Immigration and Customs Enforcement?
Do you disagree with USCIS’s decision made on your petition or application?
Do you disagree with USCIS’s decision denying your family-based immigrant visa petition?
Do you believe USCIS incorrectly applied the law or policy when denying your petition or application?
Can you show new facts that may change USCIS’s decision to deny your petition or application?
Do you believe the Immigration Judge or Board of Immigration Appeals incorrectly applied the law or made a factual error during your removal proceedings?
A Motion to Reopen allows you to ask the Immigration Judge (IJ) or Board of Immigration Appeals (BIA) to rethink […]
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