Appeals are generally made to Administrative Appeals Office (AAO) or to the Board of Immigration Appeals (BIA).
- When a visa petition is denied, with few exceptions, only a petitioner can file an appeal to review the decision of USCIS. I-130 petitions or visa petition denial is usually reviewed by Board of Immigration Appeals. EOIR-29, Notice of Appeal to Board of Immigration Appeals is used to appeal to BIA in case of denial of a visa petition. Petitioners are generally given about 30 days to file an appeal. The deadlines are very strict and must be followed.
- Appeal briefs are the most important part of your brief. Briefs include factual and legal grounds supporting your case. An experienced immigration attorney can help you prepare a strong supportive brief for your case based on precedent cases. Our firm has helped a lot of people get USCIS decisions remanded back and further approved.
Motion to reopen v. Appeal
- Motion to reopen is usually filed with the same agency or decision maker who has initially provided a decision on a petition or application. On the other hand, appeal is a review of a decision by a higher authority. Motion is usually based on change of circumstances or finding of new facts.
Our firm has considerable experience in dealing with such appeals. Call us today to set up appointment for your case.