Whether or not to appeal a USCIS denial of an application or petition is a strategy decision. Each case is different and there are several options, including appeals, motions to reopen and reconsider and even filing a new application.

When USCIS denies an application or petition, most of the time you can appeal to a different authority. Some appeals are sent to the USCIS Administrative Appeals Office and others are sent to the Board of Immigration Appeals. You can also file a motion to reopen or reconsider which are requests to the USCIS office that issued the denial to review its decision.

Most appeals and motions must be filed within 30 days after the USCIS decision. So, it is best to consult with an attorney as soon as you receive the denial notice so you can figure out a plan together.

If you need assistance with a USCIS application denial, please contact our office to schedule a consultation.