How to Handle Immigration Denials and Appeals

By Asim Kilinc, Immigration Attorney at CK Law Firm

Receiving a denial on your immigration application can be disheartening and stressful. However, it is not the end of the road. There are steps you can take to address the denial and possibly reverse the decision. This guide will provide advice on what to do if your immigration application is denied and explain the appeals process in detail.

Understanding Immigration Denials

Immigration applications can be denied for various reasons, including:

• Incomplete or Incorrect Information: Missing or inaccurate information on your application.
• Ineligibility: Not meeting the eligibility criteria for the visa or immigration benefit you applied for.
• Lack of Evidence: Insufficient documentation to support your application.
• Criminal Background: Issues related to criminal history or security concerns.
• Failure to Attend Appointments: Missing biometrics, interviews, or other required appointments.

Immediate Steps After a Denial

1. Review the Denial Notice

• Carefully read the denial notice to understand the specific reasons for the denial. The notice will include important information on why your application was rejected and any options for appeal or reconsideration.

2. Consult with an Immigration Attorney

• Seek advice from an experienced immigration attorney to assess your case and determine the best course of action. An attorney can help you understand your options and guide you through the appeals process.

Example: Sarah received a denial notice for her H-1B visa application due to insufficient evidence of her educational qualifications. We reviewed the notice and helped her gather additional documentation to support her case.

The Appeals Process

If you believe the denial was in error, you may have the option to appeal the decision. Here’s how to navigate the appeals process:

1. File a Motion to Reopen or Reconsider

• Motion to Reopen: Request to have your case reopened with new evidence or facts that were not available at the time of the original decision.
• Motion to Reconsider: Request to have your case reconsidered based on the argument that the original decision was incorrect due to a misapplication of the law.

Form I-290B

• Use Form I-290B, Notice of Appeal or Motion, to file either motion. This form must be filed within 30 days of receiving the denial notice (33 days if the notice was mailed).

Supporting Documents

• Include any new evidence or arguments to support your motion. Clearly explain why the original decision should be reconsidered or reopened.

Example: Ahmed’s asylum application was denied. We filed a Motion to Reopen with new evidence of persecution in his home country, which was not available at the time of his original application.

2. File an Appeal with the Administrative Appeals Office (AAO)

• If your motion is denied or if you choose to appeal directly, you can file an appeal with the AAO.

Form I-290B

• File Form I-290B to appeal the decision. Ensure the form is complete and includes all necessary supporting documents.

AAO Review Process

• The AAO will review your appeal and make a decision. This process can take several months, depending on the complexity of the case.

Example: John’s employment-based green card application was denied. We filed an appeal with the AAO, providing detailed legal arguments and additional evidence to support his eligibility.

3. Appeal to the Board of Immigration Appeals (BIA)

• For certain immigration decisions, you may appeal to the BIA. This is typically used for cases involving removal or deportation.

Notice of Appeal

• File a Notice of Appeal with the BIA within 30 days of the immigration judge’s decision.

Supporting Documents

• Include a brief explaining the reasons for the appeal and any supporting evidence.

Example: Maria faced removal proceedings and received an unfavorable decision from the immigration judge. We filed an appeal with the BIA, presenting strong legal arguments to support her case.

Tips for a Successful Appeal

1. Act Quickly

• Time is critical when filing motions or appeals. Ensure you meet all deadlines to avoid missing your opportunity for reconsideration.

2. Gather Strong Evidence

• Collect comprehensive and convincing evidence to support your case. This can include additional documentation, expert testimony, or new facts that were not previously considered.

3. Prepare a Detailed Legal Argument

• Clearly explain why the denial was incorrect, referencing specific laws and regulations. An experienced immigration attorney can help craft a compelling legal argument.

4. Maintain Consistency

• Ensure that all information provided in your appeal is consistent with your original application and any previous submissions.

Example: David’s visa application was denied due to inconsistencies in his travel history. We carefully reviewed all documents, corrected the inconsistencies, and provided a detailed explanation in his appeal.

Alternative Options

If an appeal is not feasible or successful, consider alternative options:

1. Reapply

• You may choose to reapply for the same visa or immigration benefit, addressing the issues that led to the denial.

Example: Jane’s student visa was denied due to missing financial documents. We gathered the required documents and successfully reapplied for her visa.

2. Explore Other Visa Options

• If your circumstances have changed, you may be eligible for a different type of visa or immigration benefit.

Example: Alex’s work visa application was denied. We explored other options and determined that he was eligible for an investor visa, which he successfully obtained.

Conclusion

Handling immigration denials and appeals requires a thorough understanding of the process and careful preparation. By taking immediate action, seeking legal assistance, and presenting strong evidence, you can improve your chances of a successful outcome. At CK Law Firm, we are committed to helping you navigate the complexities of immigration law and achieve your goals. Contact us today for expert legal advice and support.