Motion to Reopen, Appeals and Visa Denials
What is a Motion to Reconsider/Reopen?
Motion to Reconsider:
- A Motion to Reconsider is a request for the USCIS to review its decision based on new or additional legal arguments, facts, or evidence that were not previously presented or considered. This motion essentially asks USCIS to take another look at the case in light of information that was not available or considered at the time of the original decision.
Motion to Reopen:
- A Motion to Reopen is a request to have USCIS re-examine a decision on an immigration case based on new evidence or changed circumstances. Unlike a Motion to Reconsider, which focuses on legal arguments, a Motion to Reopen is based on presenting new facts or evidence that were not available at the time of the initial decision.
Key Points:
Filing Form I-290B: Both types of motions are typically submitted using Form I-290B, “Notice of Appeal or Motion.” The form must be filed within a specific timeframe from the date of the USCIS decision, and a filing fee may be required.
Reasons for Filing: Individuals might file a Motion to Reconsider or Reopen if they believe there was an error in the original decision, if new evidence has become available, or if there has been a change in circumstances that affects the case.
Decision on the Motion: USCIS will review the motion and issue a decision. If the motion is granted, the original decision may be modified or reversed. If the motion is denied, the original decision stands.
Alternative to Appeal: In some cases, individuals may choose to file a Motion to Reconsider or Reopen instead of filing an appeal. The decision on whether to file a motion or appeal depends on the circumstances of the case.
Appeal to USCIS Denial
I-130 Denial Appeal
The appeal of decisions on an I-130, Petition for Alien Relative, is appealed to the BIA. You need to file Form EOIR-29(Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer) with the office that made the decision on the petition.
USCIS Office must receive your appeal within 30 days from the date shown in the denial notice, not from the date you received it.
N-400 Appeal
You should use Form N-336 (Request for a Hearing on a Decision in Naturalization Proceedings) to request a hearing before an immigration officer on the denial of your Form N-400, Application for Naturalization.
USCIS must receive your request for a hearing (Form N-336) within 30 days from the date shown on the denial notice, not from the date you received it.
What is a 221(g) visa refusal?
A 221(g) visa refusal is a section of the INA that allows consular officers to temporarily refuse the issuance of a visa pending the submission of additional required documents or information. When a visa application is subject to a 221(g) refusal, it means that the consular officer has determined that further processing is necessary before a final decision can be made on the visa application.
Key points regarding a 221(g) refusal include:
- Reasons for 221(g) Refusal:
- A 221(g) refusal can occur for various reasons, such as incomplete documentation, the need for additional administrative processing, or the need for further verification of information provided in the visa application.
- Issuance of a Colored Slip:
- When a consular officer issues a 221(g) refusal, the applicant is typically given a colored slip of paper outlining the specific documents or information required. The color of the slip corresponds to the nature of the additional processing or documentation needed.
- Instructions for Submission:
- The slip provides instructions on how and where to submit the required documents or information. It is important for the applicant to follow these instructions carefully.
- Processing Time:
- The processing time for a 221(g) refusal can vary depending on the nature of the additional processing required. Some cases may be resolved quickly, while others may take a longer period.
- Administrative Processing:
- In cases where additional administrative processing is needed, it may involve security checks, background checks, or other verification processes. This can extend the time it takes to reach a final decision on the visa application.
- Communication with the Consulate:
- Applicants may communicate with the consulate if they have questions or concerns about the 221(g) refusal. Consulates typically provide contact information for inquiries related to visa processing.
- Visa Approval or Denial:
- Once the required documents or information are submitted and processed, the consular officer will make a final decision on the visa application. The visa may be approved, or it may be denied based on the information provided.
Immigrant Visa Refusal - FAQ
(1) Can you overcome a 221(g) visa refusal?
Yes. If an application is refused under section 221(g), the consular officer will request additional information when she or he believes the information is relevant to establishing that an applicant is eligible for the visa sought.
(2) How long do I have to submit documents or information asked in the 221(g) refusal notice?
If the consular officer refuses a visa but requests additional information and/or documents, an applicant has one year from the date the visa was refused to submit the additional information and/or documents. Otherwise, if an applicant does not provide the required additional information within one year, the applicant will have to reapply for the visa and pay another application fee.
(3) Can I file a request to reconsider a visa denial?
Yes. First, you need to file a motion to reconsider the request to the Consulate. If they still deny your request, you may be eligible to file an appeal or motion to reconsider to the LegalNet ( Visa Office).
Our Expertise and Services
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance
After the petition/visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
Recent News
USCIS Updates Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act
Release Date: 08/24/2023 We are updating the USCIS Policy Manual to clarify how we will apply the extraordinary circumstances exception to the “sought to acquire”
Keeping Families Together : Application for Parole in Place (NEW PIP August, 2024)
On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the
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Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.
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