• November 29, 2020

3 Methods to Follow After Being Denied a US Visa Petition

 3 Methods to Follow After Being Denied a US Visa Petition

When US citizenship and immigration services denies a visa petition, the law provides strict deadlines in which a motion or an appeal may be filed. You will find the deadline in your particular case at the end of the denial notice. Failure to file a Motion or Appeal before the specified deadline will result in permanent loss of appeal rights. As such, it is critical that you act straightaway to remedy the denial, to avoid the loss of these important rights.

Note that only the Petitioner or their attorney can file a request for administrative review, a motion or an appeal in a visa petition case. A Beneficiary cannot request administrative review, or file a motion or appeal, unless he is both the Petitioner and the Beneficiary.

1. Administrative Review

Petitioners paid for Premium Processing may lodge a remedy known as Administrative Review. To succeed in an Administrative Review you will be required to demonstrate that the Reviewing Officer overlooked important evidence or improperly applied the relevant regulations or case law. Success in an Administrative Review may result in a reversal of the Denial. The turnaround time in an Administrative Review is usually 7 to 10 days.

2. Motion to Reopen

A Motion to Reopen is a request to the original decision maker to review a denial. The motion must be based on factual grounds, such as the discovery of new evidence or changed circumstances, and must state the new facts to be considered in the reopened proceedings. A Motion to Reopen may be supported by new affidavits or other documentary evidence.

3. Motion to Reconsider

A Motion to Reconsider is a request to the original decision maker to review a denial, based on legal arguments. The motion must establish that the decision was incorrect based on the evidence on record at the time of the decision, and it must state the reasons for reconsideration. A Motion to Reconsider must be supported by any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or USCIS policy. New evidence or changed circumstances cannot support the filing of a Motion to Reconsider.

A written letter submitted to USCIS is not considered a motion. Instead, a motion must be filed on the appropriate form and submitted with the required filing fee, unless the fee is waived. Generally, motions must be filed within 30 days from the date that USCIS issued its denial not from the date you actually received the decision in the mail. If you post your motion, you must allow enough time for the document to reach USCIS by the deadline, and make certain that you use recorded delivery to prove that you actually met the deadline.

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