If you have received a denial notice from the USCIS, you may still have the option to file an appeal or a 'motion to reopen'.
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DC Immigration Appeals Attorney
If you believe an error was made on your immigration application decision you may have two suitable options. If your case has received a denial notice, you may qualify to file an appeal or a motion to have your case decision reviewed. The experienced immigration attorneys at Motion Law offer expert legal advice on immigration appeals and fully understand the immigration process that is required for appeals and motions. Our dedicated immigration attorneys have the required skills to go against an immigration judge, if needed.
An appeal is filed when you believe the decision made on your immigration case was wrong and a review is requested. When you file an appeal, an explanation to why you think the decision was in error is required. You cannot simply submit a request to review your case with the same evidence originally submitted and expect an approval. You are asking either The Administrative Appeals Office (AAO) of USCIS or the Board of Immigration Appeals (BIA) of the US Department of Justice to review the decision made on your case based on an error they made. It is highly recommended that applicants submit briefs with their appeal. At Motion Law, our expert immigration attorneys have many years experience in filing these types of appeals and are able to help you file a strong appeal. A highly skilled immigration attorney is recommended to file an appeal to USCIS or the DOJ.
Motions can be filed after a denied notice is received. A motion is not filed simply to review the same materials originality submitted with your application. There are two types of motions that can be filed after a denial notice:
A motion to reopen requests that the original decision maker on your case reviews their original decision due to new evidence or changed circumstances within the case. When an applicant files a motion to reopen, they must provide the new evidence and/ or circumstances, along with a through explanation of why it should affect the original decision of the case.
A motion to reconsider, which requests a review of the original decision based on new or additional legal arguments. A motion to reconsider provides the opportunity to use newly discovered legislation and case studies to argue in favor of an applicant’s case.
- Motion to Reopen – A motion to reopen is a request to have the decision on your immigration case reviewed because of new evidence. This motion is file in conjuction with a detailed explanation and the new evidence that supports why the decision should be reviewed. It could be that there is a new set of circumstances that need to be taken into consideration.
- Motion to Reconsider – A motion to reconsider is a request to review the decision made on your immigration case based on a new legal argument. This allows the opportunity to use case studies in favor of the applicant’s argument.
It is important to note that a motion is not filed to a higher authority like an appeal. A motion is filed directly to the official decision maker on your case to review their decision. You will need to provide specific reasons for why the US immigration official should reopen or reconsider your case, as well as, submit evidence to support your request.
Motion Law immigration attorneys are very well qualified in the areas of appeals and motions and understand the timeframes and procedures that need to be considered when filing an appeal or motion. Our attorneys will evaluate the set of facts and the decision notice in order to advise which is the best option for you. Contact us today to learn whether filing an appeal or a motion is the right option for your immigration case!
Frequently Asked Questions
Disclosure: Motion Law, LLC is organized and operates exclusively under and in accordance with the laws of the District of Columbia. The attorneys engaged by Motion Law, LLC practice law solely in the District of Columbia. Any advice contained in this communication (including any attachments or enclosures) is rendered strictly within and from the District of Columbia.
Motion Law LLC
1201 Connecticut Ave NW, Suite 200E
Washington, DC 20036
Tel: (202) 918-1799
Hours: 8:00 AM - 6:00 PM, Mon - Sat
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