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.

By Asim Kilinc, Immigration Attorney at CK Law Firm

For many non-immigrants in the U.S., the need to extend or change their visa status arises due to various reasons, such as prolonged studies, new employment opportunities, or unexpected personal circumstances. Navigating the process of extending or changing your non-immigrant status can be complex and requires careful attention to detail. This guide provides detailed information on how to extend or change your visa status while in the U.S., ensuring compliance with immigration laws and regulations.

Understanding Non-Immigrant Status

Non-immigrant visas are temporary visas granted for specific purposes, such as tourism, business, study, or work. Common non-immigrant visa categories include:

• B-1/B-2: Business and tourist visas
• F-1: Student visas
• H-1B: Specialty occupation worker visas
• J-1: Exchange visitor visas
• L-1: Intra-company transferee visas

Reasons to Extend or Change Your Status

1. Extend Your Stay

• You may need to stay longer than initially planned due to extended studies, continued employment, or personal reasons.

2. Change Your Purpose of Stay

• Your initial reason for visiting the U.S. might change, such as transitioning from a student to a worker or switching from a tourist visa to a student visa.

Step-by-Step Guide to Extending or Changing Your Status

Step 1: Determine Eligibility

Eligibility for Extension

• You must be lawfully admitted into the U.S. with a non-immigrant visa.
• Your visa status must still be valid.
• You have not committed any crimes that make you ineligible.
• You have not violated the conditions of your admission.

Eligibility for Change of Status

• You must meet the eligibility criteria for the new visa category you are applying for.
• You must be lawfully present in the U.S. at the time of application.
• You must not have engaged in unauthorized employment.

Step 2: File the Appropriate Form

For Extension of Stay

• Form I-539: Application to Extend/Change Non-immigrant Status.
• Supporting Documents: Include a copy of your I-94 Arrival/Departure Record, evidence of financial support, and a letter explaining the reason for the extension.

Example: Jane, an F-1 student, needed to extend her stay to complete her degree. We filed Form I-539 with her I-94, proof of continued enrollment, and financial support documents.

For Change of Status

• Form I-539: Used for most status changes.
• Form I-129: Petition for a Non-immigrant Worker, used if you are changing to a work visa like H-1B.
• Supporting Documents: Varies based on the new status, including proof of eligibility for the new status, current I-94, and a letter explaining the change.

Example: Ahmed, on a B-2 tourist visa, decided to pursue a degree. We filed Form I-539, including his I-94, acceptance letter from the university, and proof of financial support.

Step 3: Gather Supporting Documents

Ensure you have all necessary documents to support your application:

• Proof of Financial Support: Bank statements, affidavits of support.
• Proof of Continuous Residence: Lease agreements, utility bills.
• Evidence of Ties to Home Country: To demonstrate intent to return after the temporary stay.
• Employer’s Letter: If changing to a work visa, include a job offer letter and employment verification.

Step 4: Submit Your Application

• Filing: Submit your completed form and supporting documents to USCIS before your current status expires.
• Fee: Pay the required filing fee. Check the USCIS website for the most current fee information.

Example: Sarah, transitioning from an F-1 student visa to an H-1B work visa, needed to file Form I-129. We included her I-94, job offer letter, and proof of her degree completion.

Step 5: Attend Biometrics Appointment (if required)

• Notice: You may receive a notice for a biometrics appointment.
• Appointment: Attend the appointment to have your fingerprints, photo, and signature taken.

Step 6: Wait for USCIS Decision

• Processing Time: USCIS will review your application, which can take several months.
• Stay Informed: Check the status of your application online using the USCIS Case Status tool.

Example: David, an L-1 visa holder, applied to extend his stay. We monitored the case status online and kept him informed throughout the process.

Special Considerations

1. Travel Restrictions

• Avoid international travel while your application is pending, as leaving the U.S. can be considered an abandonment of your application.

2. Overstay Consequences

• Staying beyond your authorized period without filing for an extension or change can result in being out of status, which can affect future immigration benefits.

3. Premium Processing

• For certain visa categories, premium processing is available for an additional fee, expediting the decision-making process.

Conclusion

Extending or changing your non-immigrant status in the U.S. requires careful planning and attention to detail. By following the steps outlined in this guide and seeking the assistance of an experienced immigration attorney, you can navigate the process smoothly and increase your chances of a successful outcome. At CK Law Firm, we are dedicated to providing expert legal support tailored to your unique situation. Contact us today to discuss your immigration needs and explore how we can help you achieve your goals.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

Preparing for your immigration interview is a crucial step in the immigration process. Whether you’re applying for a visa, green card, or citizenship, the interview can determine the success of your application. Drawing on years of experience as an immigration attorney, I’ve seen firsthand how proper preparation can make a significant difference. This detailed guide will provide you with essential tips, advice, and examples from actual interviews to help you succeed.

Understanding the Importance of the Immigration Interview

The immigration interview is designed to verify the information you’ve provided in your application and assess your eligibility. It’s a formal process where the interviewer will ask questions related to your application, background, and intentions in the U.S. Failing to prepare adequately can lead to misunderstandings, delays, or even denials.

General Preparation Tips

1. Review Your Application Thoroughly

• Example: I had a client, Sofia, who applied for a family-based green card. Before her interview, we reviewed her entire application together. This helped her recall details about her marriage, financial status, and travel history, ensuring consistency in her answers.

2. Gather and Organize Your Documents

• Checklist:
  • Passport and visa
  • Birth certificates
  • Marriage certificates (if applicable)
  • Employment letters
  • Financial documents (bank statements, tax returns)
  • Application forms and receipts
  • Any correspondence from USCIS or the consulate

3. Understand the Interview Format

• Example: Ahmed, another client, was applying for citizenship. I explained that his interview would include questions about his background, his knowledge of U.S. history and government, and his English proficiency. Knowing what to expect helped him feel more confident.

4. Practice Common Questions

• Typical Questions:
  • Why do you want to move to the U.S.?
  • Can you tell me about your employment history?
  • How did you meet your spouse? (for marriage-based applications)
  • Have you ever been involved in any criminal activity?
  • Do you plan to return to your home country?

5. Dress Appropriately

• Dress in professional, conservative attire to show respect for the process and the interviewer.

Specific Interview Scenarios

1. Family-Based Immigration Interviews

• Scenario: Maria was applying for a green card through her U.S. citizen spouse. During the interview, the officer asked about their relationship history, how they met, and their daily routines.
• Preparation Tip: Couples should discuss their relationship details and be prepared to answer personal questions. Bringing photo albums and joint financial documents can also help substantiate the relationship.

2. Employment-Based Immigration Interviews

• Scenario: John was applying for an H-1B visa. The officer questioned his job duties, qualifications, and the sponsoring company’s details.
• Preparation Tip: Review your job description, qualifications, and the company’s background. Ensure that all provided documents, such as employment contracts and letters, are accurate and up-to-date.

3. Naturalization (Citizenship) Interviews

• Scenario: Fatima was nervous about the civics test portion of her naturalization interview. We practiced U.S. history and government questions together, and she studied the official USCIS materials.
• Preparation Tip: Study the 100 civics questions provided by USCIS. Practice reading, writing, and speaking English to prepare for the language portion of the test.

Best Practices for the Day of the Interview

1. Arrive Early

• Plan to arrive at least 30 minutes before your scheduled interview time to account for security checks and any unforeseen delays.

2. Stay Calm and Composed

• Take deep breaths and stay calm. Answer questions honestly and clearly. If you don’t understand a question, it’s okay to ask the officer to repeat or clarify it.

3. Be Honest

• Honesty is crucial. Providing false information can lead to denial and even future immigration issues. If you don’t know the answer to a question, it’s better to say so than to guess or provide inaccurate information.

4. Bring a Translator if Necessary

• If you’re not fluent in English, you can bring a translator. Ensure the translator is certified and familiar with your case.

Post-Interview Tips

1. Follow Up

• After the interview, you may receive a notice with additional requests for evidence or a decision. Respond promptly to any requests to avoid delays.

2. Stay Informed

• Keep track of your case status online using the USCIS or consulate’s case tracking tools. Regularly check for updates and notifications.

3. Consult Your Attorney

• If you have any concerns or receive additional requests for information, consult with your immigration attorney immediately. They can provide guidance on the next steps and help address any issues that arise.

Conclusion

Preparing for your immigration interview is a critical step toward achieving your immigration goals. By thoroughly reviewing your application, practicing common questions, and understanding the interview process, you can approach your interview with confidence. At CK Law Firm, we are dedicated to guiding you through every step of the immigration process. Contact us today for expert legal advice and personalized support.

By Asim Kilinc, Immigration Attorney at CK Law Firm

Embarking on the immigration journey to the United States can be both exciting and overwhelming. However, the complexity of immigration laws and procedures often leads to common mistakes that can delay or derail your application. Through the experiences of fictional characters like Maria, a hopeful immigrant from Brazil, and Ahmed, an engineer from Egypt, this blog will highlight frequent immigration errors and provide actionable tips on how to avoid them.

1. Incomplete or Incorrect Application Forms

Maria’s Story: Maria dreamed of reuniting with her husband in the U.S. She diligently filled out her visa application but missed a critical section about her previous travel history. This oversight led to delays and additional requests for information.

Tip: Carefully review your application forms multiple times to ensure all sections are completed accurately. If you’re unsure about any part, seek assistance from an immigration attorney or a reputable immigration service provider.

2. Missing Deadlines

Ahmed’s Story: Ahmed, a skilled engineer, secured a job offer from a U.S. company. However, he missed the deadline to file his H-1B visa petition due to a misunderstanding of the application timeline. This mistake forced him to wait another year to reapply.

Tip: Keep track of all deadlines associated with your visa application. Create a timeline and set reminders for important dates. Consulting with an immigration lawyer can help you stay on top of deadlines and avoid costly delays.

3. Providing Inconsistent Information

Maria’s Story Continues: During her interview, Maria inadvertently provided a different date for her marriage than what was on her application. This inconsistency raised red flags, resulting in further scrutiny and delays.

Tip: Ensure consistency in all information provided across various forms and documents. Keep a personal record of all dates and details submitted to avoid discrepancies during interviews or follow-up inquiries.

4. Not Preparing for the Interview

Ahmed’s Story Continues: Ahmed was excited about his visa interview but underestimated its importance. He didn’t prepare thoroughly and struggled to answer questions about his employment and qualifications, leading to a denial.

Tip: Treat your visa interview seriously. Practice common questions, gather all necessary documents, and dress professionally. Familiarize yourself with your application details to confidently discuss them during the interview.

5. Ignoring Legal Advice

Maria’s Story Continues: Maria was advised by her friend to omit certain details about her prior visa refusal, thinking it would improve her chances. This advice backfired, resulting in a denial due to misrepresentation.

Tip: Always seek advice from qualified immigration attorneys rather than relying on friends or unverified sources. Honest and transparent communication with immigration officials is crucial for a successful application.

6. Not Maintaining Legal Status

Ahmed’s Story Concludes: After arriving in the U.S., Ahmed neglected to maintain his visa status by failing to renew it on time. This lapse resulted in legal complications and jeopardized his stay.

Tip: Always be aware of the conditions and expiration dates of your visa. Take proactive steps to renew or adjust your status well before it expires. Consult with an immigration attorney if you face any uncertainties.

7. Overlooking Financial Requirements

Maria’s Story Concludes: Maria didn’t realize that she needed to provide proof of financial support for her family-based visa application. This omission led to delays and additional paperwork.

Tip: Ensure you meet all financial requirements for your visa category. Gather necessary documents such as affidavits of support, bank statements, and employment verification to demonstrate your financial stability.

8. Misunderstanding Eligibility Criteria

Ahmed’s Story Ends: Ahmed mistakenly believed he qualified for a visa category based on incorrect advice from an online forum. His application was denied, costing him time and money.

Tip: Thoroughly research the eligibility criteria for the visa category you are applying for. Use official resources like the USCIS website or consult with an immigration attorney to verify your eligibility before applying.

Conclusion

The immigration process is fraught with potential pitfalls, but with careful preparation and the right guidance, these common mistakes can be avoided. By learning from the experiences of Maria and Ahmed, you can better navigate your own immigration journey. CK Law Firm is here to assist you every step of the way. Contact us today for expert advice and support tailored to your unique situation.