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Assisting Employers and Immigrants Filing Appeals From The Decisions of USCIS & Immigration Courts

Administrative Appeal Office - From The Decision of DHS (USCIS)

Certain applications from the decisions of the Department of Homeland Security (DHS) is reviewable by the Associate Commissioner for Examinations of the Administrative Appeal Office.  These include, but are not exclusive to naturalization applications, I-140 petition, adjustment of status applications from Indochinese applicants, revocation of previously approved applications, denial of inadmissibility applications based on previous criminal convictions 212(h) & (i), petitions for temporary workers and fiance visas, application for advance parole by refugees, special immigrant petitions for juveniles, and adjustment of status applications based on a good faith marriage (but not other I-130 petitions).

Applicants have 30 days after the date of the Service's decision to file a notice of appeal.  If the applicant did not receive the denial decision, or notice of the right to appeal, within the 30 days period, the Federal District Court may reinstate the 30 days period for the appeal.  Because there is only a small window to appeal the application, it is essential that your attorney has as much time as possible to prepare the brief, which will need to be filed with the notice of appeal.   Each application and the decision is unique; and thus, the attorney must carefully consider each issue and perform necessary research to overcome the Service's decision.  Outside the 30 days appeal period, the Petitioner must file an application to reopen or a motion to reconsider. 8 C.F.R. Section 103.3(a)(2)-(3).  If the motion to reconsider or a motion to reopen met all  requirements under these sections 103.3(a)(2)-(3), the motion must be treated as an appeal.  Further, the decision made on the motion is appealable if the original decision was appealable.    



The appeal must be filed in the District office in which the decision was made.  The adjudicating officer who previously denied the original application will have the opportunity to review and to reconsider the decision.  If the adjudicating officer does not agree on the merit of the appeal, only then would the officer transfer the appeal to the AAO.  It is important that any evidence that support the original application and/or refute the officer's original denial made part of the appeal brief.  Meritorious evidence would allow the adjudicating officer reconsider the application; and if such appeal approved by the district office, the officer would send an approval notice to Petitioner.  Please contact the Houston Immigration Appeal Attorneys and the U.S. AAO Appeal Lawyers at the Law Offices of Steven Tuan Pham for further assistance on your administrative appeal.



Board of Immigration Appeals (BIA) - Appeal From The Decision of The Immigration Court

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Motion To Reopen & Motion To Reconsider In The Immigration Court & With the BIA

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Petition For Review With The Federal Court of Appeals

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Immigration Law is a vast area of law and requires an immigration attorney with years of experience to understand the intricacies of the Immigration & Nationality Law. Please contact the Houston BIA Appeal Attorneys and the Houston AAO Appeal Lawyers for assistance. The Houston Texas Immigration Appeals Attorneys and the U.S. Immigration Appeal Lawyers at the Law Offices of Steven Tuan Pham have assisted numerous clients in successfully appealing the decision of USCIS and the BIA. Not every case is the same and required information specifically applicable to your application and appeal. Please contact one of our Houston Motion to Reopen and Motion to Reconsider Attorneys and Dallas Texas Immigration Appeal Lawyers at the Law Offices of Steven Tuan Pham today at 713-517-6645 or complete our Contact Form.