Unfortunately, you or a loved one has had an unfavorable visa petition decision issued by the United States Citizenship and Immigration Services. While that decision is disappointing, it need not be the end of your hopes to lawfully work and/or reside in the United States. You may always launch an appeal or motion. If you need to know what that process entails and how you can navigate it, please read on, then contact an experienced federal litigation and appeals lawyer in Milwaukee, WI to learn what you should know about appealing denied or revoked visa petitions.
Are you allowed to appeal denied or revoked visa petitions?
Yes, you may be eligible to file an appeal or a motion on an unfavorable decision. An appeal is a request to a different authority to review an unfavorable decision. You may appeal certain USCIS decisions to the USCIS Administrative Appeals Office or the Board of Immigration Appeals. The latter office is within the Department of Justice. Your denial or revocation notice will provide information about your eligibility for an appeal and where you should file it.
A motion is a request to have the USCIS that issued the unfavorable decision review said decision. You may file a motion even if your case is ineligible for an appeal.
How do you file an appeal for denied or revoked visa petitions?
Most appeals are filed using Form I-290B, Notice of Appeal or Motion but there are some exceptions, which are as follows:
- Appeals of decisions on an N-400, Application for Naturalization, are made on Form N‑336, Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336.
- Appeals of decisions of special immigrant worker and legalization applications and termination of lawful temporary resident status under sections 210 and 245A of the Immigration and Nationality Act are made on Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act.
- Appeals of decisions on an I-130, Petition for Alien Relative, or other decisions that are appealed to the BIA, are filed on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer with the office that made the decision on the petition.
If any of this sounds intimidating, you should reach out to one of our skilled Wisconsin immigration attorneys to discuss your next steps.
How can an immigration lawyer help you?
Besides helping you file the correct forms, an immigration lawyer will also know what other documents and qualifications you may need to maximize your chances of success. He or she will help you understand your options so that you can make informed decisions. Our firm can handle the legal work, so please give us a call today.
Contact our experienced Wisconsin firm
John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why if you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.