Appeals and Motions From a US Visa Denial

It is not unusual for any petition or application for US visa to be denied. Denials are caused by certain ineligibilities or non-observance of the minimum requirements of the visa, which when met, would otherwise result to issuance of visa. Applicants for a visa must demonstrate sufficient proofs to topple the presumption of the US government that every visa applicant is an intending applicant. This includes showing of strong family, social and economic relations and proof that the applicant will stay in the US momentarily.

Some may have an encounter where the visa application is denied despite the completeness of the documents. Reason may be the overall circumstance is not adequate to visa consultancy the principle of immigrant intent of the applicant. You really never know what is in store for each applicant.

If US Visa application process requires extensive evaluation of the US consular officers, appeals process is also wanting of strict adherence to the statutory requirements (periods and procedures in filing the appeal) of the immigration law. A simple defiance to the rules will result to losing your appeal chances.

Definition of Appeal

Appeal is a request to a higher authority to review a decision. It is one of the remedies which can be availed of by the applicants for US Visa.

Parties in Appeal

Not all visa applicants can avail of the right to appeal. While the right to appeal belongs to those applying for immigrant visa, it is not available to those who apply for non-immigrant visa. Additionally, it is only the aggrieved, namely the petitioner, who has the legal standing to take a petition for appeal. However, the non-US citizen beneficiary may be a joined as a party in an appeal filed by the petitioner.

Filing of Appeal

With the applicable filing fee, appeal must be filed seasonably at the appropriate office which made the decision. Appeal must contain specific reasons for the appeal, otherwise, it may be summarily dismissed.

Brief or supporting document may be submitted. Related documents may be filed either concurrently with the appeal or after appeal has been filed. This job very well pertains to legal and immigration professionals.

Other Types of Remedies

Applicants may opt to file a motion to reopen or a motion for reconsideration of a case with the office that made the unfavorable decision.

In a motion to reopen, the applicant is merely requesting the officer who made the original decision to review his decision. The motion must be based on factual grounds, discovery of new evidence, or change of circumstance which must be supported by supporting documents.

On the other hand, a motion for reconsideration is a request to the officer who rendered the original decision to review the decision based on new or additional legal argument. The motion must state that the decision was incorrect and based on incorrect application of the law and such must be supported by precedents.

Any motion may be filed with a correct fee and with the proper office.

Matters discussed above may be more understood if you consult with a right person, either a lawyer or an immigration advisor. Otherwise, you may be misled all throughout and everything you have invested in may turn out to nothing.

Leave a Reply

Your email address will not be published. Required fields are marked *