Can I do anything about an unfavorable decision from USCIS on my case?

Broadly speaking, these options allow you to petition for your case to be reconsidered so that you have another chance to receive a favorable decision. An appeal requests that a different authority review your case. Motions request the USCIS office that issued your original decision to review its initial decision.

What does it mean to appeal my case?

When you appeal your case, you are requesting a different authority to review the decision. This means that if you filed with USCIS, you might request the USCIS Administrative Appeals Office, the Board of Immigration Appeals, or an office in the Department of Justice to review your case, depending on the type of case you initially filed. They will review the original information provided in your application and come to a decision.

What is a motion to reconsider? 

A motion to reconsider is a request for USCIS to reconsider its original decision based on an incorrect application of the law or of policy.  You must state the reasons for reconsideration and establish that the original application of USCIS policy or the law was incorrect based on the original evidence. 

What is a motion to reopen?

A motion to reopen is a request for USCIS to reconsider its original decision based on new information and evidence. The motion must state new facts and be supported with evidence. This evidence must demonstrate your eligibility at the time of your original application.

Do I need an attorney to file a motion or appeal on my decision?

Filing a motion or appeal can be a complex process, and there are strict deadlines in place. Hiring a lawyer can help you understand the best options for your case and file accurately and on time. At our office, we have extensive experience filing motions and appeals for various immigration matters. If you would like to discuss your options and how we can help, please contact us.

If I am the beneficiary, can I file an appeal or motion? 

Generally, the petitioner must file an appeal or motion. If you are the beneficiary, you can only file if you are the petitioner and beneficiary, for example, in VAWA self-petitions.

How fast do I need to file after I receive an unfavorable decision?

In general, you will need to file within 30 days of the date of the unfavorable decision. This means that you have 30 days from the date printed on your decision, not the day that it was received. If you received the decision by mail, you will have an extra 3 days (a total of 33) after the date of your decision. In the case of revocation of approval, you will only have 15 days to file, and 18 if you receive the decision by mail. It is important to seek legal counsel as soon as possible, as these deadlines are very soon after receiving your decision, and you must file within the deadline.