Receiving a denial notice from U.S. Citizenship & Immigration Services (USCIS) can be devastating on multiple levels, no matter what the purpose of your original petition was. However, a denial notice is not necessarily the permanent end of your claim, as you may be able to successfully appeal an unfavorable decision from USCIS based on several different grounds.
Like all other interactions with federal immigration authorities, filing an appeal of a USCIS decision can be both procedurally and practically challenging without support from a seasoned immigration attorney. If you want a fair shot at getting a favorable result from your appeal, contact a Houston immigration appeals lawyer from our team at J. Lopez Law.
It is very important to understand that filing an appeal of a USCIS case denial is not simply asking federal immigration authorities to reexamine the original petition. Instead, the purpose of the appeals process is to resolve claim denials that were based on serious legal and/or procedural errors, such as:
A successful appeal generally must be very specific and thorough in citing relevant laws, court precedent, and general legal principles in support of its core argument. Guidance from a knowledgeable Houston immigration appeals attorney could be all but essential to accomplishing this within applicable filing deadlines.
You have a maximum of 30 days after receiving notice of an unfavorable ruling on your immigration case to complete and submit the appropriate appeal form to the correct federal authority, along with various supporting documents. Different forms will be needed for different types of appeals, as an immigration appeals lawyer from our Houston office could explain in more detail during an initial consultation. For example, you would need to submit Form I-290B to the Administrative Appeals Office (AAO) to appeal most—but not all—USCIS decisions, and Form EOIR-26 to the Board of Immigration Appeals (BIA) to appeal a decision from an immigration judge specifically.
It is worth mentioning that upon receiving an initial decision from an immigration judge, you will be allowed to “reserve” or “waive” your right to appeal. If you do not explicitly reserve your right to appeal at this stage, you will not be able to file an appeal of that decision at any point in the future, even if you have strong grounds.
The immigration appeals process can be very intimidating, especially if you try to go through it alone. Fortunately, you do not have to fight for your rights by yourself. Seek help from the capable and compassionate team at J. Lopez Law.
We have extensive experience helping people much like you through situations much like yours, and a Houston immigration appeals lawyer from our firm could be an irreplaceable ally during your pursuit of the best possible resolution to your unique case. Contact us today for a consultation.
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