If your application or petition for a visa was declined or revoked, you still have the option to file an appeal. Appeals are filed through the Administrative Appeals Office, a division of the USCIS.
The Administrative Appeals Office holds jurisdiction over your visa application. Before you file for an appeal, it is in your best interest to consult with an attorney at the Podskarbi Law Office. An attorney can assist in filing appeal, represent you during your hearing, and work as your advocate.
How Does the Administrative Appeal Process Work?
Administrative appeal can only be filed with the offices that made the original decision. These are subject to strict deadlines and must be filed with the appropriate fee in order for them to be accepted. You only have thirty days to file your appeal; therefore, it is important that you meet with an attorney right away to file yours.
The appellate authority will review your application and take one of three actions:
- Agree with the details in your appeal; resulting in a reversal of the original decision.
- Disagree with the appeal; resulting in an affirmation of the original decision.
- Send the case back to the original office so that it can be reviewed and reconsidered.
You do not always have to file an appeal. In fact, you can file a motion to reopen or reconsider your case. This then sends the application back to the original office and opens the file for reconsideration.
You will need to present evidence as to why you feel you are eligible for reconsideration, including supporting documentation. The letter of denial you receive is often detailed as to why your application was denied; therefore, you need supporting information to disprove those reasons.
Challenging in the Local U.S. District Courts or Appealing via the U.S. Board of Immigration Appeals
If you receive back an unfavorable Administrative Appeals Office decision and have already been denied on your appeal, you may still bring your case in front of the local U.S. District Courts as well as the Board of Immigration Appeal.
Do You Need an Immigration Administrative Appeals Attorney?
While you could fill out your application for an appeal on your own, these often require detailed knowledge of immigration law. A denial is difficult to fight in court; therefore, you need an attorney that understands immigration law as well as the administrative appeals process.
The Podskarbi Law Office has extensive knowledge of the Administrative Appeals Office procedures and can help you file your appeal or represent your case in front of the Board of Immigration Appeal. Call 800-217-0042 to Speak with one of our attorneys today for a no obligation consultation.