How much time does USCIS give for appeals?

| Apr 3, 2021 | Immigration |

People file immigration petitions with the United States Citizenship and Immigration Services office. A parent may petition for a child, or an engaged person might file one for a fiancée. Regardless of why someone files the necessary immigration forms, the documents must be accurate and complete. Unfortunately, mistakes, errors, and omissions could occur, leading to a denial. Even approvals are subject to revocations. A petitioner might feel upset to receive a denial or revocation at his or her Texas residence. While the letter may deliver much stress, recipients should understand there is an appeals process. They also need to realize appeals are subject to due dates.

The time afforded for an appeal

The time available to respond to a denial is generally 30 days from the decision date. That is not the date the notice arrives in the mail. Recipients must look at the decision date and respond timely.

Be aware that some decisions may come with less than 30 days to respond. A revocation might provide only 15 days. Therefore, it could be advisable to read the letter closely to determine the time afforded to respond.

That said, mailed notices may come with an additional three days to respond. No matter what the actual due date is, responding within the appropriate allotted time could prevent more problems.

Working with an immigration attorney

A timely response alone won’t reverse any decisions. The reply must be an appropriate one. If the immigration officials request more evidence, a successful appeal will likely require submitting sufficient information. A petitioner might not know how to put together an effective appeal, but an immigration attorney could assist with such matters.

It could be possible to request all USCIS letters go to the attorney’s office. This way, an attorney could potentially respond without any lost time.

Allowing an immigration attorney to handle initial submissions and appeals or motions might prove less stressful than attempting to deal directly with the USCIS. An attorney could also represent a client in front of an immigration judge if necessary.