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USCIS Denials & Appeals

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Merrillville USCIS Denials & Appeals Lawyer

Facing a denial from the United States Citizenship and Immigration Services (USCIS) can be disheartening and stressful. We understand that you’ve worked hard to file your immigration application, and a negative decision may feel like the end of the road. However, it’s important to know that a denial doesn’t mean your case is over. With the right guidance and support, you may have a path forward through the appeals process.

At our firm, we take the time to talk with you about your options. When you leave our office, you may not know everything about immigration law — but you will know everything about your case. This knowledge will give you the confidence to make an informed decision about what to do.

Ngozi Emeka Nchekwube is here to offer you the necessary assistance to help you understand your options and make the best decisions for your future.

Common Reasons for USCIS Denials

USCIS handles a variety of applications, such as visas, green cards, and citizenship. Unfortunately, these applications can sometimes be denied for reasons such as:

  • Incomplete or Incorrect Documentation: Submitting forms with missing information, incorrect details, or untranslated documents can lead to denial.
  • Failure to Meet Eligibility Requirements: This could involve insufficient evidence to prove your qualifications for the requested immigration benefit, such as a lack of proof of family relationships or employment offers.
  • Administrative Errors: USCIS occasionally makes mistakes during their review process, such as misinterpreting evidence or applying the wrong legal standard.
  • Grounds of Inadmissibility: Issues such as prior immigration violations, criminal history, or health-related matters may result in denial.
  • Missed Deadlines: Failing to submit additional evidence by a USCIS-requested deadline can be another common cause.

Understanding the reason for your denial is key to determining the next steps. Each denial notice includes specific details about why the application was denied and whether you have the option to appeal or pursue other remedies.

The USCIS Appeal Process: Key Steps and Timelines

When USCIS denies your application, you may have the opportunity to appeal their decision. Here’s an overview of the process:

Review Your Denial Notice

Understand the reason for denial and whether appeal or motion is allowed.

Decide Whether to Appeal or File a Motion

File Form I-290B for a motion to USCIS or file an appeal to the Board of Immigration Appeals (BIA). Motions to the USCIS are used for errors or new evidence.

File Form I-290B (Notice of Appeal or Motion)

Must be filed within 30 days of the denial notice.

Wait for USCIS Review

USCIS reviews your appeal or motion.

Receive Final Decision

USCIS will grant or deny the appeal/motion.

Appealing a USCIS denial of Form I-130, Petition for Alien Relative to the BIA

Review the USCIS Denial Notice Carefully

Confirm the denial is final and check if the notice includes instructions or reference to BIA appeal rights.

File a Notice of Appeal with the BIA

File Appeal to the BIA

You have 30 days from the mailing date of your Notice of Appeal to explain why the USCIS decision was incorrect. Include relevant evidence and legal arguments supporting your case.

Await BIA’s Acknowledgment and Decision

The BIA will review your appeal and issue a decision, which can take several years.

Why Legal Representation Matters in an Appeal

Navigating the appeals process can be overwhelming, with strict deadlines, extensive paperwork, and complex legal requirements. This is where an experienced immigration attorney can make all the difference.

We provide the knowledge and support needed to build a robust appeal. We will work closely with you to analyze your denial notice, pinpoint errors in the USCIS decision, and develop a compelling argument. Whether it’s gathering additional documentation, presenting relevant legal precedents, or ensuring timely submissions, our goal is to increase your chances of a successful outcome.

It’s not just about the legal insight—we strive to make this process as manageable as possible for you and your family. From explaining each step to answering all your questions, we are here to guide you through this challenging time with care and confidence.

Let’s Take the Next Step Together

Don’t face a USCIS denial alone. Contact us to schedule a consultation. We can evaluate your case, explore your options, and develop a strategy to secure the best possible outcome. Remember, you’re not alone in this—we’re here to support you every step of the way.

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