USCIS Appeals and Motions to Reopen and Reconsider

OVERVIEW

Almost any decision by USCIS can be appealed or reopened or reconsidered. The first question is what happened and what is the best course of action. It may be that any further action is fruitless, but most of the time it is best to file an appeal or motion to reconsider or motion to reopen.

If USCIS has made a fraud allegation, then you should absolutely appeal or file a motion to reconsider or file a motion to reopen, whatever is appropriate.

If USCIS has sent you a Notice of Intent to Deny (NOID) or a Notice to Intent to Revoke (NOIR), there is little choice and you must respond to these notices.

The firm specializes is naturalization denials. We have successfully obtained naturalization for our clients with criminal convictions, even after they had been initially denied naturalization.

Recent Case Results

July 10, 2014 – Citizen of El Salvador’s Temporary Protected Status is reopened after being closed for over 10 years

July 10, 2014 – Citizen of El Salvador’s Temporary Protected Status is reopened after being closed for over 10 years

Facts: In 2001, a citizen of El Salvador applied for Temporary Protected Status (TPS). In 2004, the El Salvadoran citizen’s TPS renewal application was denied. The El Salvadoran citizen tried several times to have the case reopened with no luck. In 2013, the citizen of El Salvador came to the firm for help.

The Firm’s Representation: Reopening TPS cases can be very tricky and every case is different. Nevertheless, the firm has had quite a bit of success reopening old TPS denial cases. In many cases, the legacy Immigration and Naturalization Service (INS) denied TPS applications when the applicant failed to attend a biometrics (fingerprinting) appointment or when the applicant failed to respond to a notice. In our client’s case, INS denied our client’s TPS application because she missed a biometrics appointment. However, the firm discovered paperwork that our client did not miss the appointment and that it was possible that INS made a mistake. The argument for reopening at that point was straight forward. The adjudication process of reopening TPS cases with United States Citizenship and Immigration Services (USCIS) takes quite a while, typically about a year.

Outcome: On July 10, 2014, our client’s TPS application was reopened. The firm is in the process of helping our client apply for a work permit again, over ten years after her last one was approved.

June 28, 2012 – Appeal of USCIS marriage fraud decision

June 28, 2012 – Appeal of USCIS marriage fraud decision

Facts: A citizen of Ghana came to the United States and got married to a United States citizen. The citizen wife filed a I-130 relative petition on behalf of the Ghanaian non-citizen. At the marriage interview, the citizen wife had an emergency and could not attend the interview. USCIS issued a decision which said the I-130 was abandoned and slipped in a fraud allegation, but never offered an opportunity to rebut the fraud allegation. The non-citizen came to us for help.

The firm’s representation: The firm took our client’s case and immediately filed an appeal of the USCIS decision to the Board of Immigration Appeals. The firm believed that USCIS had violated our clients’ due process rights.

Case status: The appeal was filed on September 8, 2011. On June 28, 2012, as expected, the BIA denied the appeal, but recognized the fact that our client did not have an opportunity to rebut the derogatory information in the USCIS denial letters. Based on the appeal, our client was able to preserve his ability to file another I-130 petition at a later date.

March 28, 2012 – Paraphernalia conviction vacated upon the filing of a Coram Nobis petition, TPS reinstated

Facts: In 1999, a non-citizen defendant was convicted at trial of the Maryland offense of possession of paraphernalia. He was not represented by an attorney. This conviction caused him to lose his Temporary Protected Status (TPS). He contacted the firm for help.

The firm’s representation: The firm reviewed our client’s case and and filed a Writ of Error Coram Nobis based on a lack of counsel and lack of appointed counsel

Outcome: On December 1, 2010, our client’s conviction was vacated, three months after the firm filed the writ. Several months later, the firm filed a motion to reopen our client’s TPS. On March 28, 2012, the motion was granted and our client received TPS and a work authorization.

March 15, 2012 – Citizen of Korea wins appeal of USCIS decision in the Board of Immigration Appeals

March 15, 2012 – Citizen of Korea wins appeal of USCIS decision in the Board of Immigration Appeals

Facts: A citizen of Korea and his wife were found to be is a sham marriage by USCIS. He came to the firm for help.

The firm’s representation: The firm took our client’s case and immediately filed a response to the Notice of Intent to Deny. Nevertheless, our client’s I-130 was denied and he was given a sham marriage finding. The firm appealed to the Board of Immigration Appeals.

Case status: On March 15, 2012, the BIA reversed the USCIS sham marriage finding. The firm is currently assisting our client with another I-130 petition. On February 6, 2014, our client received his green card.

August 8, 2011 – Citizen of Trinidad and Tobago received a Green Card after her case was reopened in the Immigration Court, 15 years after she was ordered deported

August 8, 2011 – Citizen of Trinidad and Tobago received a Green Card after her case was reopened in the Immigration Court, 15 years after she was ordered deported

Facts
In 1996, a citizen of Trinidad and Tobago was granted voluntary departure, but she never left the United States. In 2009, she married a United States citizen who petitioned for her to get a permanent residence. However, she could not adjust status until her case was reopened in the immigration court.

The Firm’s Representation
The firm reviewed our client’s case saw that she and her husband had many positive equities and filed a motion to reopen asking the judge to reopen the case based on his discretion. The motion was granted on July 13, 2010.

Outcome
Our client’s I-130 petition was granted and an individual hearing on adjustment of status was schedule for August 2011. On August 8, 2011, after a hearing in the Immigration Court, our client was granted a green card.