In most instances, when an immigration petition or application is denied or revoked by the U.S. Citizenship and Immigration Service (USCIS), the battle does not have to end there. An applicant may appeal the decision to a higher authority.
Retaining an immigration appeal lawyer in Phoenix, AZ, can make appealing a decision easier. The New Frontier Immigration Law firm could help you navigate the complicated legal process if you have been denied.
Beginning the Process
The Administrative Appeals Office (AAO) of the USCIS has authority over many different kinds of appeals. The Board of Immigration Appeals (BIA) has control of:
- USCIS decisions regarding family-based petitions and their revocation and revalidation
- Waivers of inadmissibility for non-immigrants
Typically, decisions are enacted by immigration judges. When an applicant is denied, the notice will:
- Advise them of their right to appeal
- Inform them of the proper appellate authority
- Offer directions to access the appropriate appeal form
- Provide mailing instructions
- Notify them of the deadline
Again, your immigration appeals attorney can significantly assist with this process.
For a free legal consultation with a Immigration lawyer serving Phoenix,call (623) 742-5400
Motion To Reopen a Case in Arizona
In addition to appealing a denial, an applicant could file a motion to reopen with the immigration office responsible for the unfortunate denial. An applicant may request that the office reconsider its decision by filing these motions.
A motion to reconsider must:
- Support the fact that the decision was based on the flawed application of policy or law
- Further demonstrate that the judgment was incorrect based on evidence that existed at the time of the decision
- Be filed with the correct filing fee within the period required by immigration regulations
Although appellants are not mandated to retain legal representation, our attorneys familiar with the immigration appeals process can be of invaluable assistance.
Phoenix Immigration Appeals Lawyer Near Me (623) 742-5400
Only the individual who submitted the initial petition or application can file the appeal, but legal counsel can help with the process. Only the petitioner has the right to appeal a visa—not the beneficiary.
If the person is represented, the appeal must be filed using the appropriate form, signed by the legal representative and the individual who filed the initial application or petition. Your Phoenix, AZ immigration lawyer can represent the applicant appealing the decision.
After review, the appellate authority may do any of the following:
- Approve and favorably alter the original decision
- Oppose and confirm the original decision
- Send it back to the initiating office for further action
Cost of Appealing
At the time of this writing, USCIS states that the filing fee for Form I-290B was $675. The appeal/motion must be filed at the address specified by USCIS. Only one appeal may be filed for each denial. Once appealed, an additional decision review is likely unavailable.
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Benefits of Retaining an Immigration Attorney
As a prospective immigrant, many of your primary concerns are whether you are taking the proper steps to secure a visa. Everything must also be appropriate when petitioning for family members to receive visas.
You may feel that you are at the mercy of the immigration system and constantly think about the complicated process. The laws, which seem to be frequently changing, might impact you and your family. Working with us may be what you need for peace of mind.
The following are the benefits of hiring an immigration lawyer to represent you:
Helping You Understand the Immigration and Appeal Process
Sometimes it may seem that the governmental immigration process to obtain a visa gets more complicated every year. However, your immigration lawyer’s understanding of the process (and the required documentation) serves as an anchor in your immigration case. A human communication can be helpful in these situations, especially for when you feel you are drowning in legal technicalities.
Preventing and Avoiding Delays
Petitions can be delayed when applicants submit file forms incorrectly or incompletely. These delays can also push your case back into the legal queue, and you or your family member’s immigration status will be sidelined for months or years to come. You might even have to start back at the beginning. Our immigration appeal lawyers can ensure all forms are filed correctly and on time.
Protecting Your Rights
An immigration attorney can ensure you are treated with the dignity and respect you deserve as dictated by the legal system. You should never feel abused or exploited. Everyone has fundamental rights that should be protected—and one of our lawyers can make sure yours are.
Going to a personal interview with USCIS officers can be scary. However, having legal counsel present sends a strong message to others that your claim is legitimate. Your immigration appeal lawyer can also help the interview run smoothly and effectively. We are committed to helping Phoenix, AZ families frame their immigration cases in the best light possible.
Retain an Immigration Appeal Attorney Today
Don’t presume that handling your immigration case yourself will be straightforward. Moreover, stories of immigrants being denied by the court or deported are common.
Ask yourself: Are you familiar with every seemingly insignificant change in a law that could impact you and your case? Do you feel confident in your ability to deal with every curveball thrown at you during this process?
There are times when having a legal professional by your side can make all the difference in your immigration outcome. Call New Frontier Immigration Law for a strategic session to discuss your case and our many practice areas. You might be surprised by the options available to you!
Reach out today to discuss your options, and learn about our staff and us, in turn.