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Can you appeal an immigration decision?

| Oct 3, 2019 | Firm News

Every year, Florida residents wait for word on their visa status. If you receive a visa denial or revocation, you may be looking for a way to appeal the decision. In some cases, you may suffer unfair denial of your visa petition. If this happens, there is some recourse for those who deal with an unfavorable decision.

According to the U.S. Citizenship and Immigration Services, you may appeal decisions to the USCIS Administrative Appeals Office or to the Board of Immigration Appeals. These entities have jurisdiction over several types of immigration cases.

When you receive your revocation or denial notice, there will be information on your appeal rights. If you can appeal the decision, these documents will inform you of how. If it states that you can appeal the decision, it will also tell you where to file said appeal. If your case is ineligible for appeal, you may still file a motion to the USCIS office to review the decision.

Most of the time, you have about 30 days to file the appeal. The clock begins to tick from the date of the decision. In instances where you have a revocation of approval of a petition, you may only have 15 days to file the appeal. No matter when you receive the notice, you want to appeal the decision as quickly as possible.

To appeal, you do not need to submit a brief. To make your appeal, you will need to identify any errors in the decision. If you cannot do that, then the USCIS may deny your appeal.

The above article is for educational purposes and is not intended to be legal advice.

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