Appealing Denied Immigration Cases in New York and New Jersey
Our attorneys can help you make your case effectively
Regardless of the particular issue, the immigration process is nearly always lengthy and complex. For these reasons, you may believe that you have little recourse if your application for a visa, citizenship or other immigration benefit has been denied. Even if the Notice of Action you received states that you have such rights, you may think that they are merely pro forma. Initial determinations made by U.S. Citizenship and Immigration Services or the State Department, however, are frequently overturned or reopened upon appeal or reconsideration. Our attorneys at Bretz & Coven, LLP have assisted clients in NYC and throughout the United States in preparing effective appeals and have even fought for clients in federal court.
What immigration actions are appealable?
There are many types of applications. The procedure can vary from type to type and not every action taken by immigration authorities is appealable or subject to reconsideration. A petitioner or applicant is generally informed whether an appeal or motion for reconsideration is possible upon receiving a Notice of Action from U.S. Citizenship and Immigration Services. Denials of visas and citizenship are generally appealable within 30 days of the action. A petitioner who has received a denial has several options:
- Appeal — A direct appeal essentially asserts that the deciding authority made a legally incorrect determination based on the law and the evidence presented. A denied petitioner cannot simply make a blanket appeal but must identify why the decision was erroneous. NYC immigration appeals attorneys usually accomplish this through a thoroughly researched brief of the facts and issues.
- Request for reconsideration — A motion for reconsideration may be the best option when additional evidence became available while the decision was pending or subsequent to the issuance of a Notice of Action. A request for reconsideration may, however; also raise new legal arguments.
- Request to reopen — A motion to reopen a case only applies when the adverse action was taken due to the petitioner’s failure to pursue the case, such as failing to submit requested evidence or failing to appear at required interviews. The grounds for filing this type of motion are fairly limited, and this procedure is not available in most cases.
Most appeals of immigration actions are heard by the U.S. Citizenship and Immigration Services’ Administrative Appeals Office (AAO). Deportation cases may go to the Board of Immigration Appeals. Alternatively, requests for reconsideration or to reopen are processed by the same authority that made the initial determination. Consular visa applicants found ineligible by the Department of State may also apply for a waiver of inadmissibility.
Contact us to learn how to fight adverse action by immigration authorities
A denial by U.S. Citizenship and Immigration Services or the State Department is not the end. Our team of attorneys at Bretz & Coven, LLP may help you fight adverse actions by immigration authorities through the administrative and legal processes. Contact our experienced immigration lawyers in New York City today at 1 (212) 267-2555 or online for creative solutions to your complex immigration problems. For an office appointment in Metro Park, New Jersey, call 1 (732) 313-0075.