My Case Was Denied, What Can I Do? A look into Form I-290B

You have been waiting months, or even years in some cases, and as you open the letter from USCIS, you realize that your case has been denied. After carefully reviewing the letter, you noticed the section that explains you could file an appeal. You ask yourself, what should I do now? 

Usually, you have about 30 calendar days to file an appeal from the date of service or notification on the process you want to appeal for, or 33 calendar days if the notice was mailed. For specific applications where you have a petitioner – beneficiary dynamic, the petitioner is the only one who may take the role of filing the Notice of Appeal I-290B, not the beneficiary. 

Should I file a Notice of Appeal, I-290B, or should I reapply for my immigration application? 

In some cases, it could be easier to reapply, with the same purpose of looking for a positive decision. However, by having the right representation on your case you can be assured to get the results you want 

Reapplying for your immigration case is like starting from zero – you'd need to complete and file the forms for your process again, attach all evidence requested, and pay for the whole application again. 

A Notice of Appeal or Motion is directly taken with the Administrative Appeals Office or with the USCIS office that issued your decisionFor this form, you will also need to pay a government fee at the time of the filing. For I-290B, the fee amount is currently $675, and cash is not accepted. If the offices working on your appeal or motion find that the arguments presented are good enough, they will proceed with the next steps on your case. 

 

What is the difference between a Motion to Reopen and Motion to Reconsider? 

A Motion to Reopen, as stated on the name, is an appeal you file based on new information introduced in the case, while a Motion to Reconsider asks the Government to reexamine its decision based on the record. This does not mean that you cannot submit more evidence or a summary of your arguments with a Motion to Reconsider. 

As a matter of fact, if you do not submit a brief you are wasting a key opportunity to present a cogent and strong argument on your behalf. It is best to have the assistance of an attorney on this matter, as it will ensure that you are raising all your available arguments to succeed in your appeal.  

If you feel you need assistance with the arguments for form I-290B and have a successful appeal, you can contact our office at 469-708-5800 and schedule a free-of-charge initial consultation with an experienced attorney that will guide you through the best steps to follow, after analyzing your case.  

Call today for more assistance or schedule a meeting! 

 

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