Vickerstaff Law Office

Call For An Initial Consultation

Local: 502-442-2039 Toll-Free: 888-832-2944

Vickerstaff Law Office

Call For An Initial Consultation

Local: 502-442-2039 Toll-Free: 888-832-2944

What can you do if your application is denied?

If you are an immigrant who wants to live and work in Kentucky, then you must apply for immigration. But what do you do if your application gets denied? Are there any options left? 

Not every denial is eligible for appeal. But for many people, that possibility exists. You could have several options available to you, including filing an appeal or a motion. 

Filing an appeal

U.S. Citizenship and Immigration Services looks into your options if your application gets denied. First, the USCIS will say whether you are eligible to appeal in your rejection notice. If you are, you can escalate your case. You may take your appeal to the USCIS Administrative Appeals Office (AAO). You can also take it to the Board of Immigration Appeals (BIA), which is an office in the Department of Justice. 

The BIA can sometimes take up to a year to return verdicts. If you believe that your case was unjustly denied, you may be able to continue appealing up to the Supreme Court. At that point, there is no higher entity you can appeal to. 

Filing a motion

But what if you are not given the option to start an appeal? In this case, you can file a motion instead. A motion goes to the USCIS office that issued the initial decision. You request they review it. You can either file a motion to reopen your case or to reconsider the unfavorable decision. 

In any situation, it is important to know what you are working with. This is why many people in your position rely on immigration attorneys who can navigate the law.