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Contact an Albuquerque immigration attorney at
Kretz & Romero, P.C. to get expert advice about your immigration situation.
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Q: Who is allowed to apply for an appeal of denial?
A: The only one who can make an appeal is the person who presented the initial application or petition. Only the petitioner has the right to appeal the denial of a visa petition. Even the beneficiary of a visa petition is not allowed to file an appeal. For example, if a U.S. employer petitioned for one of their employees that was living overseas for an immigrant visa, only that U.S. employer can make an appeal for denial. And the employee that is residing overseas has no right to make an appeal of denial. Now the person or employer who is appealing the decision is allowed to have representation from a lawyer. If you do have representation for your appeal you must have the proper documentation filled out with USCIS. The form must bb signed by both the person who the initial petetion or application and your lawyer.
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Q: Are there any time restrictions or requirements for appeals?
A: There are stringent time limits that must be followed to correctly file an appeal. In addition to the appeal being filed correctly a fee must be paid at the office that made the initial decision. To appeal the denial of a petition or application, you must file a notice to appeal no later then 30 days of the date of the decision. If you receive your decision through the mail, you then have 33 days to file your appeal of the date of the decision. If you are looking to appeal a revocation of an approved immigrant petition, it must be filed no later then 15 days from the date of the decision, or it you recieved the decision by mail it must be recieved no later then 18 days from the date of the decision.
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Q: Do I have any recourse if my immigration application has been denied?
A: In the case of a petition or application being denied or revoked by the United States Citizenship and Immigration Services, USCIS (formely INS). Typically most cases can be appealed to a higher authority. If you have received a denial notice, in it will inform you that you have a right to appeal, the proper appellate jurisdiction and supply the appropriate appeal form and time limit to you. You will need to look over the Form I-292 or "notice of denial" that came with the unfavorable outcome. This is so you can determine whether you can appeal the denial of your petition or application. The notice will supply you of the correct appellate jurisdiction and give you the correct form. The Administrative Appeals Unit (AAU) has authority ranging nearly 50 different kinds of petitions and applications. You are allowed to file a brief (explanation) that supports the appeal. After review, the appellate authority may:
- They may agree with your viewpoint and change the initial decision.
- They may still oppose your point of view and uphold the intial decision.
- Or they may return the matter back to the initial office for further action.