If you have filed an immigration petition for either yourself or a spouse, you may have had the unfortunate experience of having that petition denied. It is important to know that a denial is not the end of your immigration petition. It is possible to file an immigration appeal with the help of a knowledgeable immigration attorney.
At the law office of John Nguyen, Attorney at Law, I use my years of experience handling immigration matters to represent clients in immigration appeals. After coming to the U.S. in 1981 as an immigrant myself, I have committed my legal practice to representing the rights of immigrants and foreign nationals with a variety of issues, including immigration appeals.
You have 30 days to file an immigration appeal. This time constraint is one of the reasons it is important to seek advice from a lawyer as soon as you receive the denial. Sometimes, the reasons for denial are technical and extremely difficult for a layperson to understand. I can review your denial and explain the reasons in a way that is easily understandable. Also, by reviewing your denial and initial application, I can determine the potential for achieving a positive resolution to your appeal.
Two Types Of Immigration Appeals
Motion to reconsider: A motion to reconsider can be filed when there are no new facts to present in an immigration case. However, additional information for the court’s consideration can be presented. These types of motions are frequently made if we feel that the immigration office made a decision that is inconsistent with the laws.
Motion to reopen: If we determine there is new evidence that was not submitted with the original immigration petition, a motion to reopen can be filed. This allows us to move forward with all of the information we need, including anything the court has not reviewed yet.
For assistance in understanding why your immigration petition has been denied, why your citizenship petition has been denied or how you can appeal this denial, contact me today. I can explain how a criminal record, a conviction or other complicating factors may be minimized when filing an appeal.
From offices in Modesto, San Jose and Stockton, California, certified immigration specialist John Nguyen serves clients from every continent, including Asia, Africa, Australia, Europe and North and South America, with their immigration law issue throughout the Sacramento Valley, Stanislaus County and San Joaquin County and the Bay Area.