Appealing an Immigration Decision
The decision to immigrate or change residency status are lifechanging choices and, for some, these choices can result in improved living conditions, if not a safer life. On the other hand, facing possible removal from a country can be just momentous, as removals can result in bans on re-entry and possible immigration statuses. As such, if a negative immigration decision is reached, and the applicant believes they still have a case for a positive verdict, the applicant can file an appeal.
Filing for The Motion to Reconsider, or Reopen
An appeal can launch a reviewing process in which the appellant must provide legal arguments as to why the initial verdict was not correct. The appealing immigrant must file a Notice of Motion (or another appropriate application) in order to reopen or reconsider an immigration decision. In the case of a motion to reopen, the motion must be filed within 90 days of the decision being ordered. A motion to reconsider must be filed within the first 30 days. These motions usually require a filing fee as well.
Hire An Experienced Immigration Lawyer
Given that immigration appeals can be legally complex, it is highly encouraged to have the counsel of an experienced immigration lawyer. The lawyer can also help you differentiate between a motion to reconsider and reopen. A case should only be reopened if new evidence can be presented, which would warrant reopening the case such that the appellant receives a favorable decision. A motion to reconsider is different in that new evidence has not come to light, but rather it purports that the law had been incorrectly applied. This motion requires a thorough understanding of US immigration law. In any case, if an appeal is to be made, consult with an attorney to inquire about your options.
by Prozco®