Fairfax Immigration Lawyer for Appeals and Motions

Attorney Helping Address Denials of Employment-Based Visa and Green Card Applications in Fairfax, Virginia

For those who are applying for an employment-based visa or Green Card, a denial can be discouraging, and determining how to proceed can be stressful. However, this denial does not always mark the end of the road. Immigrants and their employers have legal options to challenge denials, including filing appeals or motions or reapplying when appropriate.

Applicants for visas and Green Cards will need to understand how to proceed following a denial, and the assistance of an experienced immigration attorney can be invaluable in these situations. At The Estevez Group, PC, our lawyer provides skilled legal assistance to employees and employers who need to address these challenges, advocating for solutions that will protect our clients' rights and interests.

Understanding the Next Steps After Denials

When a visa or Green Card application is denied, U.S. Citizenship and Immigration Services (USCIS) or a consular officer will typically provide a notice explaining the reasons for the decision. Common reasons include:

• Missing or incomplete documentation
• Failure to meet eligibility criteria for a specific visa
• Inadmissibility issues, such as prior immigration violations or criminal history

Upon receiving a denial, immigrants and employers may have several options, depending on the specific circumstances of the case. These options include appeals, motions to reopen, motions to reconsider, or submitting a new application.

Appeals vs. Motions

Appeals

An appeal is a request to a higher authority to review and overturn a decision made by immigration officials. Appeals are usually submitted to the Administrative Appeals Office (AAO).

Appeals will usually be made by filing Form I-290B within 30 days of the date of the decision made by immigration officials. If a petition was approved and then later revoked, an appeal must be filed within 15 days of the revocation.

An appeal must detail the errors that led to an incorrect decision, and a brief may be included providing arguments for why the decision should be reversed. Additional evidence or documentation supporting these arguments may also be provided. After reviewing the appeal, the AAO may sustain the appeal and order the approval of the original petition, dismiss the appeal and let the original decision stand, or remand the case for further consideration.

Motions

Motions are requests for USCIS or the agency that made the original decision to reconsider or reopen the case. A motion to reopen may be made based on new facts or evidence that was not available at the time of the original decision, and it will require the submission of supporting evidence. A motion to reconsider may ask for a review of the decision on the basis that it was incorrect, and it will rely on documents and evidence that had already been submitted.

A motion can be filed using Form I-290B, and it must be submitted within 30 days of the original decision. A motion must include an explanation of why the decision was erroneous, and any new evidence must be included. A brief may also be submitted at the same time providing arguments supporting the motion. USCIS will review the motion and either uphold the denial or grant reverse the decision and approve the petition. If necessary, a further appeal may be filed after a denial is upheld.

How an Immigration Attorney Can Help With Motions and Appeals

Challenging the denial of a visa or Green Card requires an in-depth understanding of immigration laws and experience preparing and submitting the necessary forms, evidence, and briefs. The Estevez Group, PC helps clients in Fairfax, Virginia in these situations by:

• Evaluating the Options: Our lawyer will review the denial notice to determine whether an appeal, motion, or reapplication is the best course of action. We will identify any errors in the original decision or potential issues with the application, making sure they are addressed correctly.
• Preparing Appeals and Motions: Our attorney will draft persuasive legal arguments and assemble supporting evidence, while also ensuring that all forms, documents, and fees are submitted within the required deadlines.
• Advocating on Behalf of Clients: We can provide representation when addressing these issues with USCIS or the AAO. We will provide clear communication throughout the process and address any additional requests for information or evidence.
• Reapplying or Exploring Other Options: If necessary, our lawyer can help prepare and file a new application if an appeal or motion is not possible. We can also provide guidance on other options for immigration, such as different types of visas that may be available.

Contact Our Fairfax, VA Visa and Green Card Attorney for Motions and Appeals

While the denial of a petition for an employment-based visa or Green Card can be a significant obstacle in your immigration journey, it does not mean your case is over. With the right approach, you can address the reasons for the denial and seek approval for your petition. At The Estevez Group, PC, our lawyer is ready to help you appeal unfavorable decisions or file motions to reopen or reconsider. Contact our office today at 703-829-5179 to set up your free consultation.