The United States Citizenship and Immigration Services (USCIS) may have rejected your initial green card application because you missed or incorrectly filled out a certain section of the form. Or, they may have deemed you ineligible after evaluating the evidence that supplemented the form. Whatever their specific reasoning, you may know it to be a complete misunderstanding that you would like a second chance at clarifying. Well, this may be accomplished by petitioning for an appeal of the decision. So, without further ado, please continue reading to learn how to appeal a green card application denial and how one of the experienced Lancaster County immigration appeal lawyers at Lupton Law LLC can help you through your upcoming appeals process.
How can I appeal a green card application denial?
Typically, to appeal an initial green card application denial, you would have to file Form I-290B, Notice of Appeal or Motion with the USCIS’s Administrative Appeals Office (AAO). With this form, you may either appeal the USCIS’s initial decision or file a motion to reopen or reconsider your immigration case. Either way, you may only have 30 days from receiving the initial denial notice to submit this form. Or, this may be extended to 33 days if you receive this notice via mail.
Before filing this appeal, a helpful tip may be to look closely at your initial denial notice to understand its reasoning. With this, you may better supplement your appeal with new evidence that strengthens your case for green card eligibility.
What other types of immigration issues are appealable?
Aside from green card applications, the USCIS is generous enough to offer second chances for many immigration rulings. That is, the following types of immigration issues are also appealable:
- An appeal for a release on bond.
- An appeal to cancel removal orders.
- An appeal for a deferred action case.
- An appeal for the denial of asylum.
- An appeal for the rejection of adjustment of status.
- An appeal for a waiver of inadmissibility or deportation.
Why should I hire a lawyer for my upcoming appeals process?
The USCIS may only offer so many chances to hear your case for a green card. That is, you may petition for an appeal with the AAO, then the Federal Circuit Court of Appeals, and lastly the United States Supreme Court. However, the Supreme Court only hears a limited number of cases each year. And even with that, you likely do not want to drag out your case for so long, as it may be a drain on your time, finances, and emotional well-being.
This is all to say that you should hire a lawyer for your upcoming appeals process so that your green card application has a better chance of getting approved from early on. In conclusion, for more information on if and when to start your green card application appeal, please don’t hesitate to contact one of the skilled Lancaster County immigration appeal lawyers from Lupton Law LLC. We look forward to hearing from you and later on helping you.
