Appeals from USCIS Decisions
Due to the huge number of applications processed each year and laws that seem to change constantly, USCIS regularly makes mistakes in deciding those applications. Fortunately, methods exist to obtain administrative review and correction of those mistakes. I represent clients in seeking the following types of administrative review.
Appealing a denied or revoked I-130 immigrant petition to the Board of Immigration Appeals often is the best course to challenge a decision by USCIS that a marriage or family relationship is not genuine or recognizable under the immigration laws. On the other hand, sometimes the best course is to simply file another I-130 with more evidence. We can help you determine which choice is best in your situation. We will then vigorously represent you in overcoming the previous negative decision. We understand that a denial could destroy even the strongest relationship. We also understand that a denial could doom certain future petitions by the same U.S. citizen or permanent resident.
Most denials of I-601 and I-212 waivers result from highly subjective discretionary decisions. Further, denials often overlook or mischaracterize the evidence submitted in support of the waiver. Given these circumstances, an appeal should be considered seriously. We represent denied waiver applicants on appeal to the Administrative Appeals Office (AAO, formerly the AAU). To review some of our successes, see the decisions linked on the list to the right. The AAO decides each case on its own merits, but the way a lawyer presents the facts can make a big difference.
Although waiver appeals are most common, we also represent persons in other types of cases before the AAO, including appealing denials or withdrawals of temporary protected status (TPS).
Motions to reopen or to reconsider are another means of seeking administrative review of a negative decision. For some types of applications, they are the only means of seeking administrative review before the applicant is put in removal (deportation) proceedings. Form I-290B is used for these motions, as well as for the AAO appeals discussed above.
A motion to reopen seeks to present additional evidence to overcome a negative decision. The evidence may have just become available, or perhaps it was available but the previous lawyer provided ineffective assistance of counsel by not submitting it. In either case, the applicant would file the evidence with a motion explaining why the evidence was not previously available and why it should change the outcome in the case.
A motion to reconsider does not present additional evidence, but instead argues that the previous decision was wrong. The motion to reconsider will either argue that the decision overlooked important evidence or got the law wrong. Mistakes of law happen regularly, since USCIS officer training often cannot keep up with changes in the law. We can help make sure that USCIS delays in its training schedule do not negatively impact your case.
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Examples of Successful Appeals:
- Reversal of Denied I-601 waiver for misrepresentation (212(i)) and crime of moral turpitude (212(h))*
- Reversal of Denied I-601 waiver for unlawful presence (212(a)(9)(B)(v))*
- Reversal of Denied I-212 application to reapply for admission after removal (212(a)(9)(A)(iii))*
*Note, these favorable outcomes do not constitute a warranty, guarantee, or prediction of success in your case or any other matter. The individual facts and circumstances of each case can greatly affect the outcome.
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Scott Mossman is a licensed attorney and active member of
the State Bar of California, Bar #227178.
For pending criminal charges, we advise defendants, criminal defense attorneys, and public defenders throughout the entire State of California.
In removal cases, we represent clients residing anywhere in Northern California before the San Francisco Immigration Court.
For USCIS applications, we primarily represent clients before the USCIS San Francisco and San Jose Field Offices, including clients from Alameda, Antioch, Berkeley, Castro Valley, Concord, Fremont, Hayward, Martinez, Milpitas, Mountain View, Napa, Novato, Oakland, Palo Alto, Pittsburgh, Pleasanton, Redwood City, Richmond, San Francisco, San Jose, San Leandro, San Mateo, San Rafael, Santa Clara, Santa Rosa, Sunnyvale, Union City, Walnut Creek, and Windsor. For appeals of denied USCIS petitions and waivers, we represent clients living anywhere in the world.
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