Updated: Apr 30
Unfortunately, not all processes that are submitted to USCIS for consideration have a favorable ending. USCIS denies many of the requests and applications that are filed, and the reasons why it does so are several. Today we will be talking about the notice of appeal and the corresponding motions.
The first thing I want to tell you is that not all USCIS decisions are appealable. In the notice denying the process, USCIS informs you of the corresponding actions that you can take to appeal the decision. Sometimes it is inadvisable to appeal the USCIS decision, and to file a new process again. The decision on what is the best way forward should be evaluated by your lawyer. A specific example is the waiver or waiver of the I-601A form. In this case, your process cannot be appealed or reopened. Here, the correct path would be to wait for a change of circumstances, and to file a new process with new evidence.
Another aspect to keep in mind is that only the petitioner or his legal representative can file this form. The beneficiaries or their representatives may not do so. For example, in the I-130 case, only the petitioner could appeal the USCIS denial. The beneficiary does not have the same right.
In the event that USCIS gives the possibility to appeal its decision, an I-290B form must be filed. To file this form, there is a certain time. You will have 30 days from the date the decision was made to file the Form I-290B (33 days if you received notification by regular mail). Note that this is the date the decision was issued, and not the date you received it. If this requirement is not met, USCIS will deny Form I-290B, unless there are circumstances beyond its control that have prevented you from submitting it on time.
The most important thing when filing this form are the accompanying documents and evidence. You must prove to USCIS that there is an erroneous conclusion in law or in fact, that the law or policies were incorrectly applied, or that there is new evidence showing that you are eligible for the requested benefit.
Something that must accompany this petition is a summary or brief, where the law that is being challenged is well explained, the articles and subsections to which it refers, as well as the policies that were not applied correctly. This summary should also list the different, well-founded reasons why the initial request should be approved. This is an extremely technical process, requiring knowledge of the law, so it is recommended that you do not go it alone and that you consult an immigration attorney for assistance.
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