What Happens If Your Immigration Case Is Denied? Understanding Appeals and Motions to Reopen

It is devastating to receive a denial of your immigration application. You may have waited for months or even years preparing your petitions, collecting your documents, and going through the interviews, only to receive notification that your application has been denied. However, although denial is a major setback for your application, it does not always mean that your options are finished. There are cases where your application denial can be challenged through an appeal or a motion to reopen your case.

It is important to understand your options in case your immigration application is denied.

Immigration appeals

An appeal gives you an opportunity to persuade a higher authority to look at the decision that the lower court made. In most immigration cases, an appeal is heard by the Board of Immigration Appeals (BIA), which reviews decisions made by immigration judges. In some cases, an appeal can be made to the Administrative Appeals Office (AAO).

When you make an appeal in an immigration case, you are essential saying that the decision that was made in your case is incorrect based on the law and evidence you presented.

The process for an appeal is very time-sensitive. In most immigration court cases, an appeal must be filed within 30 days of a decision. It is imperative that you take action quickly in an immigration court case because failing to meet this deadline can prevent you from appealing a decision.

Motions to reopen

Another choice you have when your application has been denied is to make a motion to reopen. A motion to reopen is a request to have your case reviewed by the court or immigration agency because new facts have come to light that you could not have known at the time your application was denied.

Some circumstances that might call for a motion to reopen include:

• New evidence that you have that will support your application
• Important documents that you could not obtain until later
• A change in conditions in your home country that are significant.

A motion to reopen usually has to be filed within 90 days, but there are some exceptions. 

Motions to reconsider

A motion to reconsider is different than a motion to reopen. While the latter is focused on presenting additional evidence to the decision-maker, the former is focused on demonstrating that the decision-maker erred in making their decision.

In a motion to reconsider, the applicant will explain how the law was applied incorrectly. The focus of the motion is to show that the decision to deny the application was based on an incorrect understanding of the law.

There is a deadline for filing these motions.

Talk to a Miami, FL, Immigration Lawyer Today

The Law Office of Wilfredo O. Allen, Esq. represents the interests of foreign nationals seeking to immigrate to the United States. Call our Miami immigration lawyers today to schedule an appointment, and we can begin preparing your application today.