⚖️ What Are Immigration Appeals?
If your immigration application or case is denied by USCIS or an immigration judge, you have the right to appeal the decision. An appeal is a formal request to a higher authority to review and change the decision.
🔄 Motions to Reopen and Reconsider
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Motion to Reopen: Requests the immigration court or USCIS to reopen your case based on new facts or evidence that was not available during the original decision.
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Motion to Reconsider: Requests a review of the case based on legal errors or incorrect application of the law in the original decision.
Both motions must be filed within strict deadlines and must meet specific requirements.
📋 When Should You File an Appeal or Motion?
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If you have new evidence that could change the outcome of your case.
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If there was a legal mistake made during your hearing or application process.
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If your application or case was denied unfairly or in error.
🏛️ How to File an Appeal or Motion
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Identify the appropriate body: Appeals may be filed with the Board of Immigration Appeals (BIA) or USCIS Administrative Appeals Office (AAO).
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Prepare your brief: Submit legal arguments and supporting evidence.
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File within deadlines: Typically within 30 days from the date of the decision.
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Attend hearings: Some appeals may require oral arguments or hearings.
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Wait for the decision: Appeals can take several months.
👩⚖️ Why Work With an Immigration Lawyer?
Appeals and motions are highly technical legal procedures. A lawyer can:
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Assess whether you have valid grounds to appeal or reopen your case.
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Help prepare persuasive legal arguments and evidence.
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Navigate complex deadlines and procedural rules.
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Represent you before immigration authorities.
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Improve your chances of a favorable outcome.
❓ FAQs About Immigration Appeals and Motions
Q: Can I file both a motion to reopen and an appeal?
A: Usually, you must choose one option, but sometimes a motion can be filed before or after an appeal.
Q: How long does it take to get a decision on an appeal?
A: Typically several months to over a year, depending on case complexity and backlog.
Q: Can appeals be filed for all immigration decisions?
A: No, some decisions are final and not subject to appeal.
✅ Conclusion
Filing an appeal or motion to reopen can provide critical opportunities to overturn unfavorable immigration decisions. Expert legal guidance is key to navigating this complex process effectively.
Contact Borderless Lawyers today to evaluate your case and help you file an appeal or motion.