Legal options if Immigration Application is denied
If your immigration petition or citizenship application is denied by the USCIS, you may appeal that decision. In immigration proceedings, appellate review authority is divided between two separate organizations within the Department of Justice: the Administrative Appeals Unit (AAU), under the jurisdiction of the USCIS (formerly INS), and the Board of Immigration Appeals (BIA), under the jurisdiction of the Executive Office of Immigration Review. There are strict time limits that must be met in order to file an appeal. It is also important to note that while there is no appeal to the denial of an application for adjustment of status, it can be possible to file a motion to reopen and reconsider the decision.
Only the person who submitted the original immigration application or petition can file the appeal and not the beneficiary of a visa petition. The person appealing the decision can be represented by an attorney or representative and the appeal must be accompanied by a properly executed USCIS Form G-28 (Notice of Entry or Appearance as Attorney or Representative).
Citizenship Lawyer
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