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USCIS Appeals & Motions to Reopen or Reconsider

Due to the huge number of applications processed by USCIS each year, it regularly makes mistakes in deciding those applications. Fortunately, methods exist to obtain administrative review and correction of those mistakes. To learn more about these forms of review, visit Appeal FAQ's. For information on appeal of removal (deportation) orders, visit removal defense.

I represent clients in obtaining the following types of administrative review:

• N-400 new hearing requests to submit new evidence for review and a new decision on an application for naturalization to U.S. citizenship
• N-600 appeals to challenge the denial of a claim to U.S. citizenship
• I-130 appeals for spouse, fiancee, and family petitions
• I-601 and I-602 appeals for inadmissibility waiver applications
• I-212 appeals for applications for permission to reapply for admission after removal
• I-360 appeals for self-petitions for classification as a victim of domestic abuse under the Violence Against Women Act (VAWA), a special immigrant juvenile, a widow or widower of a U.S. citizen, or an Amerasian
• Motions to reopen or reconsider for all other applications, including I-485 applications to adjust status

Examples of my successful appeals to the USCIS Administrative Appeals Office include:

• AAO Decision Reversing a Denied I-601 waiver of inadmissibility for misrepresentation (212(i)) and conviction of a crime of moral turpitude (212(h))*
• AAO Decision Reversing a Denied I-601 waiver of inadmissibility for one or more years of unlawful presence (212(a)(9)(B)(v)) *
• AAO Decision Reversing a Denied I-212 application for permission 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.

If USCIS refuses to correct its error after appeal, in some cases an applicant may challenge the decision in federal court. I have represented clients in these types of lawsuits, which seek judicial review under the Administrative Procedures Act. Relief may come in the form of an injunction, mandamus, or a declaratory judgment.

An award of attorney fees from the federal court may be possible under the Equal Access to Justice Act (EAJA) if the case is successful and if the Government's position was not substantially justified.

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