Tempe Immigration Appeal Lawyer 

When you apply for a visa or file a petition for an adjustment of status, you hope that the outcome will be positive. Sometimes, that does not happen and the immigration authorities deny your application for one reason or another. However, you still have options to fix this.

With the help of an experienced Tempe immigration appeal lawyer from New Frontier Immigration Law, you can figure out why your application was denied and explore viable appeal options that can lead to your petition being approved. Contact us to speak with a seasoned immigration attorney about your case today.

Why are Immigration Applications Denied?

A thorough understanding of why an immigration application was denied can often point the way forward for many denied applicants. A notice of denial from the nearest Field Office is often triggered by one or more of the following:

• Documentation issues – specifically, incorrectly filled forms, personal detail errors, and missing documentation
• Failure to meet eligibility requirements – for instance, filing an application for a T Visa when a U Visa would be more appropriate
• Failing to track updates – For instance, not responding to a Request For Evidence (RFE) on the USCIS portal
• Red flags during background checks – common with people who have a criminal history
• Lacking good moral character – for instance, not paying child support or being untruthful during an interview with an immigration officer

Other less common reasons for denials include frequent policy shifts, such as a pause in processing asylum seekers’ applications or those from newly blacklisted countries. False claims and misrepresentations, lacking proof of required vaccinations, and health issues like tuberculosis can also adversely impact a petition.

Common Types of Immigration Appeals

If an immigration application or petition is denied, candidates have certain recourse that may overturn the decision. Several types of appeal that are available include:

• Filing at the Administrative Appeals Office (AAO) for denied visas
• Board of Immigration (BIA) appeal for deportation orders
• Petitions for Review at the U.S. Circuit Court of Appeals for BIA Denials
• Naturalization Appeals
• Appeals for non-natives with a criminal history
• Habeas Corpus, order of mandamus, and APA actions

AAO and BIA appeals must be filed within 30 days. A Tempe immigration appeal lawyer can look into an applicant’s situation to determine the right course of action appeal-wise.

The Appeal Process

Not all immigration denials can be appealed, as they have to meet certain criteria before an applicant can file an appeal. Reasons for appeal could include new evidence, documentation or information errors, and/or legal misinterpretation of the facts of a case. Appeals must be filed within 33 to 90 days of receiving a notice of denial.

The filing deadline depends on the peculiarities of each case. Standard immigration denials have a 33-day deadline, while appeals for removal decisions must be filed within 90 days after the notice. Please understand that the timeframe for hearing back and receiving a decision after filing an appeal can range from weeks to years.

Let an Immigration Appeal Lawyer Help You in Tempe, AZ

Don’t let a notice of denial cause you to stop pursuing your immigration dreams. At New Frontier Immigration Law, our team can review the facts of your case and explore options to help you move forward and achieve your immigration goals. Contact us to discuss your case today.