Delays & Denials of Immigration Applications

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.

Denials

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.

Forms

• I-290B (Notice of Appeal or Motion)
• Form I-912 (if you cannot afford fees)

Fees

• Form I-290B – $675

Delays

There are many reasons that an immigration application could be delayed. Some of those reasons could include:

• The USCIS office that handles your case also has a backlog of other cases
• You are on a visa or green card waiting list
• Your security check is still being processed
• Your application has gotten lost
• You have not responded to a Request for Evidence

If you think your case is taking a long time, make sure you sent the right forms to the right address. Also, make sure the documents you are expecting are the right forms and were sent to the right address. If they haven't arrived, contact USCIS immediately. If you are moving, but you have yet to receive any results from your immigration application, complete the Change of Address form at this link. This will guarantee that you will receive the results of your application when it has been processed.

If you submitted the right documents to the right address, and your address has not changed or been updated, yet your case is still taking a long time, there are a few things you can do. First you can check the normal processing times for your application at the USCIS website at this specific link. If your case is outside the normal processing times, you can contact customer service through the website or by phone to inquire as to why your case is outside normal processing times for the application type. If you can’t resolve the problem in those ways, you may want to consider hiring an attorney as there could be a more complicated problem with your case.

Mandamus Action

Mandamus action is a lawsuit used in a court to force an organization to make a ruling when they have refused to rule. A mandamus lawsuit is used for a small number of cases in the United States but is a possible solution for getting results. If your immigration application has been in the approval process for several years, filing a mandamus lawsuit can speed up your application for approval by the USCIS. U.S. law requires the USCIS approves or denies your request for citizenship no more than 120 days after your naturalization interview.A mandamus lawsuit does not guarantee approval by either the court or USCIS. The lawsuit only requires USCIS to make a ruling on the application itself.

Has Your Immigration Application Been Delayed or Denied?

Contact the Law Office of Salmon-Haas. An immigration lawyer can help you make sense of your application and explain in finer detail why your application may have been delayed or denied.Our team can help you work towards getting the results that you want. If you need extra help on your side, contact Salmon-Haas for a free consultation.