How Do I Appeal a Denied Immigration Application?

You may have worked tirelessly on your immigration application before submitting it to the United States Citizenship and Immigration Services (USCIS). We understand just how time-consuming this may have been, especially if English is not your native language. Therefore, we understand just how disappointed you may be if the USCIS ultimately denied your visa petition. Rest assured, you may still have a second chance of a United States citizenship. Continue reading to learn how to file an appeal for a denied immigration application and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can guide you through this process.

Why was my visa petition denied?

The USCIS is notorious for its strict guidelines surrounding visa petitions. So there may be varying reasons why yours was denied, and some possibilities are provided below:

  • The USCIS officer may hold that you did not provide all the information on your application necessary to determine your eligibility for United States citizenship.
  • The USCIS officer may hold that the provided information on your application indicates that you fall under one of the inadmissibility or ineligibility grounds for United States citizenship.
  • The USCIS officer may hold that you did not pay the fees necessary to supplement your application for United States citizenship.
  • The USCIS officer may hold that you do not qualify for the specific visa category for which you applied.

How do I file an appeal for a denied immigration application?

Generally, individuals whose immigration applications are denied file Form I-290B, Notice of Appeal or Motion. This is useful if you wish to submit an appeal with the Administrative Appeals Office or file a motion with the USCIS office that issued the latest decision in your case. But there may be a different appeals process for the different types of immigration application offerings. They are as follows:

  • If you submitted Form N-400, Application for Naturalization: you may have to file Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336.
  • If you submitted Form I-130, Petition for Alien Relative: you may have to file Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer.
  • If you submitted Form I-140, Immigrant Petition for Alien Worker, or Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant: you may have to file Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act.

The bottom line is, if you are being denied citizenship from the USCIS, then you need a skilled Milwaukee, WI family immigration lawyer in your corner. Call or send a message to Sesini Law Group, P.C. today. We look forward to hearing from you.

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