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Appeals

Administrative Appeals and Reopening Motions

When you receive an unfavorable decision in your immigration case whether it is related to a family, work or business petition, it can be devastating.

Fortunately, a decision that is not in your favor does not have to be the end. Administrative appeals may be filed and a motion may also be filed to reopen a case or to reconsider an unfavorable decision.

Filing an administrative appeal or a motion to reopen gives you a real chance to get the result you want, but it is very important to follow the correct legal process and base the appeal on the basis of a sound legal argument for which the original decision should be changed. You need a knowledgeable and experienced attorney to make your case as strong as possible, and the Monty & Ramirez immigration attorneys are ready to help you. Call us today for more information.

Available Administrative Bodies: Appeal and Motion Reopens

The appeal and the motion to reopen are two different processes. To find out which process to use and which administrative instance has jurisdiction over your case, you should obtain legal advice from an attorney experienced in these types of cases.

Appeals can be filed before the following administrative instances:

  • USCIS Office of Administrative Appeals (AAO)
  • Administrative Appeals Court in Immigration Matters (BIA)
  • Administrative Court of Appeals on Labor Certifications for Foreigners (BALCA)
  • Immigration Court (EOIR)

When you receive a notice of denial of your case, the notice must detail whether your decision is appealable and how to make this appeal. If the decision is not appealable and you do not have appeal rights, you may still have the option to make a motion for reconsideration or reopening. If the decision is based on an appeal that you believe is unfair or unreasonable, then you may make a motion for reconsideration to try to change the decision on that appeal.

Making a motion to reopen or reconsider means that we are asking the agency that made the original decision to review that decision based on reasons that circumstances may have changed or because of previously unavailable evidence or a new legal basis. You have to give reasons why the case should be reopened or reconsidered.

Obtaining Appropriate Legal Advice

Filing an appeal or a motion to reopen or reconsider is a strong bet, as the end result could define your or your loved one’s immigration rights. You deserve to have a dedicated and experienced attorney to have the best possible options to obtain a satisfactory result in your case. Call Monty & Ramirez today to meet with one of our experienced and qualified immigration attorneys to give you the best representation in your case. At Monty and Ramirez, we know what works. ®

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