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What are immigration motions and appeals?

On Behalf of | Feb 2, 2021 | Uncategorized

U.S. immigration law may prove challenging to understand. Someone interested in filing an I-130 form, a petition intended to bring an eligible foreign relative to North Carolina or anywhere else in the United States, might find the document confusing. Confusion may lead to errors or omission, causing a denial. Options could exist for recipients of denial letters, as appeals and motions to reconsider might reflect possible options.

Appeals and motions explained

A motion to reopen or a motion to reconsider reflect two options. With a motion to reopen, the petitioner makes a request to review the petition based on new facts. A motion to reconsider suggests an error occurred during the adjudication of the petition. An appeal involves requesting a different authority perform a review. Favorable outcomes with a motion or appeal may lead to a denial’s reversal. The process could move forward, moving a relative closer to lawful permanent resident status.

Be aware that a motion or appeal cannot overcome denials based on clear-cut current law. A citizen may petition for a parent, but a lawful permanent resident cannot. Neither could petition for a cousin. Barring changes to current immigration law, the rules do not change.

Navigating the complexities of forms and petitions

Someone unfamiliar with immigration law and its various forms could make avoidable mistakes. Submitting an improperly completed form that lacks required evidence could create problems. Problems might reoccur when addressing a denial, as the response involves the completion of Form I-290B, Notice of Appeal or Motion. Repeating errors may lead to another undesirable outcome.

A professional immigration attorney could assist with completing the required forms. An attorney may also handle appeals, motions, and, if necessary, appearances in immigration hearings.

A denial might not mean the end of an immigration petition. Perhaps working with an immigration attorney could help those struggling with denials.