Facing a green card denial can be challenging. Understanding the reasons for the denial is the first step toward a successful appeal. Reviewing the denial notice thoroughly allows you to identify the specific reason and prepares you for the appeal process.
Filing a motion to reopen or reconsider
You can file a motion to reopen or reconsider to appeal a denied green card application. A motion to reopen presents new evidence not accessible during the initial application process. A motion to reconsider requests a review based on existing evidence, arguing that the denial resulted from an incorrect application of the law.
Appeal to the Administrative Appeals Office (AAO)
You can also appeal directly to the AAO by submitting Form I-290B, Notice of Appeal or Motion, along with the appropriate fee and supporting documentation. The AAO reviews the case and determines the outcome based on the provided information. By building a strong case through documentation and legal arguments, you increase the chance of a favorable outcome.
Appeal to the Board of Immigration Appeals (BIA)
You can appeal to the BIA if the AAO denies your appeal. The BIA handles appeals regarding immigration judge decisions. This step involves submitting a detailed appeal, usually with the assistance of an attorney, to argue your case.
Timeframes and deadlines
It is important to adhere to deadlines for filing motions and appeals. In Pennsylvania, you must file these motions within 30 days of the denial notice, providing clear and compelling reasons for the request. Missing these deadlines can result in removal proceedings or restarting the application process.
You need a thorough understanding of the reason for the denial to appeal a denied green card application, and a solid understanding of the steps necessary to do so. Prompt and informed action is important in the appeal process to successfully navigate an appeal.