Have you have received a denial of your application for an immigration benefit and wanted to challenge it? Make sure to read every word of your denial thoroughly.
Your denial will include instructions concerning whether and how you can file an appeal, or a motion to reopen or reconsider. The instructions on the denial should walk you through the process of appealing if you would like to challenge the ruling.
Most deadlines are 30 days from the day you received the Denial Notice.
You will need to file Form I-290B to directly appeal your denial. The USCIS will need you to file it to an address found at this specific link. Because you are dealing with complex legal issues, you may want to consult an immigration attorney on how to best move forward with your appeal.
Along with I-290B, you will attach a written explanation of why your application should be approved. Also include any evidence that might help your case when it is read by the USCIS. You may want an attorney to present the best legal argument as to why your denial was incorrect or why your application should now be approved.
Once your application is sent, you can contact the USCIS Customer Information Line at 800-375-5283 for status updates. The actual application itself will be handled by the Administrative Appeals Office (AAO), so it may take some time for USCIS to alert you about where your application stands. You can also check the status of your case online at the USCIS website.
If your application is denied, you can file a Motion to Reopen. In the Motion to Reopen, you may have the opportunity to present new evidence. If you have filed a motion to reopen and the motion is denied, you should talk to an immigration attorney about whether you may be able to refile your application. You can also file a motion to reconsider if you believe USCIS misapplied the law.