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Appeals and motions

Appeals

An appeal is a request to a higher authority to review a decision. Your denial notice usually informs you of your right to appeal. Generally, it will also give you the time deadline for filing this appeal. Some appeals are handled by the AAO, Administrative Appeals Office and others are handled by the BIA, Board of Immigration Appeals.

You need an experienced attorney to handle your appeals. An attorney who will give you powerful advocacy for your rights, who will examine all details and possible loopholes that can benefit your case. Most appeals are decided on the existing record, so it is crucial to have an experienced immigration attorney review your record to maximize the benefit of an appeal.

Motion to reopen

With certain exceptions, you may file a motion to reopen or a motion to reconsider if you received an unfavorable decision in your case. You may file a motion to reopen with USCIS even if you do not have any appeal rights. You may also file such a motion regarding a decision made on an appeal. A motion to reopen will allow you to present new facts or evidence that were not available at the time the denial decision was made.

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