If you received a denial of your petition or application for immigration, then it’s important to understand that you may still have options. You may able to appeal the decision. However, you must act fast before the time to appeal runs out.

There are two types of appeals:

  • Appeals to the Administrative Appeals Office (AAO): The Administrative Appeals Office (AAO), formerly called the Administrative Appeals Unit (AAU), reviews some decisions made by USCIS field offices and regional service centers, including employment-based immigrant petitions and non-immigrant worker petitions.
  • Appeals to the Board of Immigration Appeals (BIA): The Board of Immigration Appeals (BIA) is an office within the Department of Justice. Generally, the BIA exercises appellate jurisdiction over three types of cases:
    1. Removal proceedings;
    2. Family-based immigration petitions; and
    3. Waivers of inadmissibility for non-immigrants.
    With certain exceptions, an appeal must be filed within 30 days from the date the decision was made. Another way to handle unfavorable immigration decisions is to file a Motion to Reopen or a Motion to Reconsider.

Motion to Reopen

A Motion to Reopen is a written statement sent to the original decision maker requesting a review of its decision. This Motion must state new facts that will be provided in the reopened proceedings and must be supported by affidavits or other documentary evidence.

Motion to Reconsider

Motion to Reconsider, like a Motion to Reopen, is a written statement sent to the original decision maker requesting a review of its decision. However, a Motion to Reconsider must state new or additional legal arguments, establishing that the prior decision of denial was incorrect based on the evidence of record at the time the decision was made.
Generally, a Motion to Reopen or Reconsider must be filed within 30 days from the date the decision was made.

Immigration Attorney Serving Clients in Coral Springs & Throughout South Florida

As an appellate action may be your last bite at the apple, you need to make sure that it is done timely and correctly. If you need to appeal an unfavorable immigration decision, then you need to contact the Law Offices of Jonny Kousa, P.L. We will make sure that the appellate procedure is followed properly, your request to appeal is filed timely, and that your appellate brief is drafted wisely. Contact a Florida Immigration Appellate Attorney in Coconut Creek at (954) 626-8071. Whether you live in West Palm Beach, Coral Springs, Fort Lauderdale, Plantation, Hollywood, or Miami Beach, we have an office location close to you. Our firm serves all counties in South Florida, including Palm Beach County, Broward County, and Miami-Dade County.

Contact us today for a FREE consultation.

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