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Immigration Appeals

Immigration Appeals

Not all visa applications are always successful. In fact even those who have been granted entry to the United States may have it revoked by the U.S. Citizenship and Immigration Services (USCIS). Before you give up completely, you should know that there is still hope. For many of the cases that get denied or revoked it is possible to appeal it. The notice of denial will inform you that you have a right to appeal the decision.

Making Your Appeal

Upon the decision or denial of your petition you will be given thirty days to respond and make an appeal. If you receive the notice via mail then you will have three more days for a total of thirty-three days from the date of the decision. For appeals on revoked visas, only fifteen days are given from the date of the decision. Likewise if it is received via mail eighteen days are provided from the time the decision was made. Aside from filing the appeal before the deadline it is also important to pay for the necessary fees. This should be done at the original office where the decision was made.

When making your appeal it is always a good idea to provide a sound explanation as to why you would like to have your case reviewed. If you are able to create a good appeal then you may be able to convince the appellate authority to reverse the decision that was made on your case. Additionally, you may also choose to file a motion to reopen or reconsider your case. Like your appeal it must be filed within thirty days of the decision.

Extensions and Others

No extensions will be provided for the filing of an appeal or motion to reconsider/reopen your case. Only one chance will be granted for you to make an appeal as well. You need to make sure that you provide the correct information and evidence for them to re-evaluate your documents and give you an immigrant visa. Only the applicant or the person who has filed for the visa may make the appeal. Beneficiaries are not allowed to do so. A failure to comply with the given deadline or to provide the correct documentation and evidence will waive your right to your appeal.

Since providing an appeal and a motion to reconsider/reopen your case may be complicated; and may require more than general knowledge on the matter,it is best to work with an experienced U.S. Immigration Lawyer.

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