So, you filed a case with U.S. Citizenship and Immigration Services (USCIS). You believe that your case is well-argued, cite applicable statue and has supporting evidence. However, your petition is denied. After reading the denial notice, you think that the denial is unjust, and you would like to appeal it. But what arguments can you use appeal it?
What is a motion to reopen?
According to 8 C.F .R. § 103.5(a)(2), when filing a motion to reopen, you must state new facts which should be supported by documentary evidence. With this particular situation, you need to provide new evidence which should be sufficient to lead to an approval in your case.
What is a motion to reconsider?
According to8 C.F.R. § 103.5(a)(3), when filing a motion to reconsider, you are asking for USCIS to review the decision they made regarding your case due to the relevant law or policy being wrongly applied to the evidence that you submitted for your case. You should be able to establish that, if the law were correctly applied, you case should have been approved.
Conclusion
To have a successful appeal of your case, you will need to provide new facts that you can support with evidence that would support an approval or you should be able to articulate why the law was wrongly applied in your case. If you are unable to do one of the following, your appeal will not be successful.
Need Help?
This post does not constitute legal advice or establish a lawyer-client relationship. However, do not hesitate to contact our firm if you need legal assistance for your case.
Last Updated on February 16, 2025 by Ernest J. Edwards
