Immigration Law Firm

Appealing a USCIS Decision

When USCIS issues an unfavorable decision, it can feel discouraging, but it is not always the end of the road. Many USCIS decisions can be appealed to a higher authority for review. At Abogada Vida, we help clients challenge denials and fight for the immigration benefits they deserve.

Who Can Appeal

Not every USCIS decision is appealable. The denial or revocation notice will explain whether you have the right to appeal and which body has jurisdiction. Depending on your case, your appeal may go to the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). Common appealable cases include employment-based petitions, certain family-based petitions, and other immigration benefit requests.

Filing an Appeal

Appeals must be filed quickly and correctly. Most appeals are filed with Form I-290B, while appeals to the BIA use Form EOIR-29. The timeline is strict, usually 30 days from the date of the decision, or 33 days if the decision was mailed. Missing the deadline can permanently end your right to appeal.

Why Appeals Matter

In most situations, you must exhaust all administrative remedies before taking your case to federal court. This means filing an appeal with AAO or BIA is often a necessary step if you want to keep fighting your case.

How Abogada Vida Helps

  • Case Review: We analyze the denial notice to determine if an appeal is available and worthwhile.

  • Strong Legal Arguments: We prepare persuasive legal briefs supported by evidence, regulations, and case law.

  • Timely Filing: We make sure your appeal is filed correctly and within the required deadlines.

  • Strategic Options: If an appeal is not the best option, we guide you toward alternatives such as a motion to reopen, a motion to reconsider, or refiling with stronger evidence.

  • Representation: We stand by you throughout the process, protecting your rights and advocating for your new vida in the United States.

Do Not Give Up After a Denial

An initial denial does not always mean your immigration journey is over. With the right legal guidance, you may still have a path forward. At Abogada Vida, we know how to challenge USCIS decisions and fight for the outcome you need.

 

Disclaimer: The information provided here is for general informational purposes only and is not intended as legal advice. Immigration law is complex and constantly evolving. For advice tailored to your unique situation, please consult directly with our experienced attorney at Abogada Vida.

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