Immigration Appeals

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Immigration Appeals Attorney In South Florida

Has An Immigration Judge Denied Your Petition?

Have you recently received a notice that your immigration petition has been denied? It is very important that you do not give up hope, as a skilled immigration lawyer may be able to assist and represent you in your appeal case. Although not every petition filed with the United States Citizenship and Immigration Service (USCIS) can be approved, there are sometimes mistakes made or other reasons which can be easily resolved with the help of an attorney.


At Garcia, Miranda & Gonzalez-Rua, P.A., our team understands that the immigration process is quite complex and time-consuming which is why it can be especially frustrating if your petition is denied.


If your petition was denied, contact us online or call 786-686-3090 for a consultation. Our immigration appeal attorneys in Hollywood, FL are prepared to help you. Se habla Español.


Types Of Immigration Appeals

There are two main types of immigration appeals that can be filed after a denial -- filing one through the Administrative Appeals Office (AAO) and with the U.S. Citizenship and Immigration Services (USCIS). Through an appeal, you can provide new information to help your case.


How To File An Immigration Appeal Through The AAO

Seeking an appeal through the AAO to reconsider your immigration application must be filed within 30 calendar days of the original decision, or 33 calendar days if the decision was mailed. An appeal through USCIS needs to be filed within 30 days from the date of the decision, not when you received it. In some cases, a shorter appeal period is applicable -- for example revocation of the approval of a petition has a 15-day deadline.

Call Garcia, Miranda & Gonzalez-Rua, P.A. at 786-686-3090 to schedule a consultation with a lawyer today.

forms for filling immigration appeals

Most immigration appeals are filed through Form I-290B, Notice of Appeal or Motion, however, there are some exceptions. It depends on what type of decision you are appealing.


Forms for filing different immigration appeals:

  • File an appeal via N-336 Request for a Hearing on a Decision in Naturalization Proceedings for an unfavorable decision on an N-400, Application for Naturalization
  • File an appeal with Form EOIR-29 Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Office for a decision on the I-130 Petition for Alien Relative
  • File an appeal through Form I-694 Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act for decisions regarding special immigration workers and termination of lawful temporary resident status under sections 210 and 245A of the Immigration and Nationality Act

why would uSCIS deny my petition?

Reasons why the USCIS may deny a petition:

  • Previous immigration violations
  • Previous criminal conviction
  • Failure to respond to a notice
  • Failure to properly prove eligibility


EOIR-29 Processing Time

If you have filed an EOIR-29 (Notice of Appeal to the Board of Immigration Appeals) to appeal a decision by USCIS on a Form I-130 (Petition for Alien Relative) or Form I-360 (Petition for Amerasian, Widow[er], or Special Immigrant) there is no telling how long it will take to be processed. On average, it takes about 180 days or 6 months. However, in some cases, it has taken as long as 18 months to process.


Unfavorable Decision? Call Our Immigration Appeal Lawyers at 786-686-3090

Our immigration attorneys in South Florida are here for you even if you have given up hope. You may have the ability to appeal a decision that has been made under specific circumstances, but it is important to understand that you need a knowledgeable lawyer to guide you through the process. With the proper paperwork and our focus on responding in a timely manner, we may be able to help get the decision on your immigration petition reversed.

Contact Us Now

Have Questions?

Call Garcia, Miranda & Gonzalez-Rua, P.A. at 786-686-3090 today.

Hablamos Español.

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