Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation, video conference or in-person meeting is appropriate for your situation.

Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation, video conference or in-person meeting is appropriate for your situation.

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Francis Law Center
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Can you appeal an immigration decision?

| Nov 16, 2020 | Immigration benefits |

If you want to live as a permanent resident in the United States, then you must apply for citizenship. There are several avenues you can go through to do this. But what happens if your application for immigration ends up denied?

Fortunately, you do not have to stop there. You can appeal an immigration decision if it is unfavorable to you.

Are you eligible to appeal?

The U.S. Citizenship and Immigration Services examine the appeals you can make for unfavorable USCIS decisions. There are steps you can take after an unfavorable decision. You can escalate your case to different and higher authorities.

For example, if the USCIS makes an unfavorable decision, you can take your case to the USCIS Administrative Appeals Office (AAO). You can also escalate to the Board of Immigration Appeals (BIA). This exists as an office within the Department of Justice.

These appellate entities have jurisdiction over certain types of immigration court cases. If your application gets denied, the denial discusses whether you can appeal the decision and where to appeal it.

Being timely during your appeals

It is also important to note that beneficiaries cannot file an appeal or motion on behalf of someone whose application got denied. Only the petitioner can file these things, except in rare cases.

If you get a notice for denial and can appeal the decision, you must take note of the instructions included. Generally, you have 30 days after the date of the decision to file an appeal. You may get a 3 day extension if you have your decision mailed to you. Outside of that, do not expect extensions. Be on top of your documents and know where and when to file things. This is why a legal expert may come in handy.

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