When you are going through the immigration process and receive an unfavorable decision from the government on a family immigration or business immigration matter, this can be devastating.
Fortunately, a decision that is not in your favor does not have to be final. In Greater Houston, Dallas and Fort Worth Texas, administrative appeals of denials are possible and you can also file a motion to reopen a case or reconsider an unfavorable decision.
Filing an administrative appeal or making a motion to reopen gives you another chance at getting the immigration outcome you are hoping for, but it is very important to follow the right legal process and to make a compelling case for why the original decision should be changed. You need to have a knowledgeable and experienced lawyer to help you make the strongest possible case, and the immigration attorneys at Monty & Ramirez are here to help. Call us today to learn more.
Filing an Appeal or Making a Motion to Reopen
Filing an appeal and filing a motion to reopen are two different processes. You need to speak with an attorney about which applies in your situation.
Appeals may be filed with:
- The USCIS Administrative Appeals Office (AAO)
- The Board of Immigration Appeals (BIA)
- Board of Alien Labor Certification Appeals (BALCA)
- Executive Office of Immigration Review (EOIR)
When you receive a denial notice, the notice should provide you with details both on whether the decision is appealable and on where and how to file the appeal. If the decision is not appealable and you have no appeal rights, you still may have the option to file a motion to reconsider or a motion to reopen. If a decision is made on appeal that you do not believe is fair or reasonable, this is also another situation where you can file a motion to reconsider the decision made during the appeal.
Filing a motion to reopen or reconsider, on the other hand, means asking the original decision maker to review the decision based on factual grounds like changed circumstances or the discovery of evidence or a new legal argument. You need to provide reasons why the case should be reopened or why reconsideration is necessary.
Getting Legal Help with Greater Houston Administrative Appeals of Denials
Both an appeal and a motion to reopen or reconsider are high-stakes, because the outcome could be final and could shape your immigration rights or the rights of your loved one. You owe it to yourself to have a qualified and experienced attorney representing you so you have the best chance of receiving a favorable outcome to your case.
Call Monty & Ramirez today to find a qualified and experienced immigration lawyer ready to help you with your case. At Monty and Ramirez, we know what works.®