Immigration Appeals and Motions to Reopen/Reconsider
If your application or petition is denied, I can help you determine whether an appeal will be successful and with the appeals process itself. You can appeal the denial of many petitions and applications for immigration benefits. An appeal is generally filed to ask a higher authority to review the lower office’s decision.
There are strict deadlines and legal requirements that must be met when filing an appeal. Ensuring your appeal is timely and properly filed with the appropriate office is part of my job. I will work to ensure that the best researched arguments with the greatest chances of success are made on your behalf. I handle the following types of appeals:
Appeals to the Administrative Appeals Office (AAO)
Generally, appeals of denials of immigration petitions are made to the Administrative Appeals Office (AAO). The AAO is responsible for the appeals of more than 40 categories of immigration petitions and applications. However, certain decisions are appealed to the Board of Immigration Appeals (BIA).
Appeals and Motions to the Board of Immigration Appeals (BIA)
Final orders of removal or deportation by an Immigration Judge may be appealed to the Board of Immigration Appeals (BIA). The BIA is the government agency responsible for reviewing decisions by Immigration Judges and interpreting immigration laws. Under certain circumstances, you may ask the Immigration Judge or BIA to review the case again. A Motion to Reopen or Reconsider is filed with the court that last heard the case.
Motions to Reopen and Reconsider
In addition to the right to appeal (in which you ask a higher authority to review an unfavorable decision), you may file a Motion to Reopen or a Motion to Reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider its decision. I can assist you in determining whether you have new evidence that must be submitted or if the CIS decision was not properly based in law.
Contact Alano Immigration
Call (415) 413-VISA (8472) or send me an email to schedule a consultation about your U.S. immigration law issues. I offer convenient consultations in which potential clients discuss their possible cases with me and learn about their options from an experienced immigration attorney. I look forward to helping you resolve your legal issue.