Visa denials can be stressful, but there is an appeal process in place for applicants who believe their denial was unjustified. Understanding the steps involved and knowing the potential success rates can help individuals navigate this complex procedure.
Steps for appealing a visa denial
The first step is to determine the reason for the denial, which will be listed on the denial notice. Depending on the type of visa, there are different appeal processes. For U.S. visas, applicants can often submit a Form I-290B, Notice of Appeal or Motion, to the U.S. Citizenship and Immigration Services (USCIS). This form allows applicants to either request a review of the decision or file a motion to reopen or reconsider the case. An attorney’s assistance is highly recommended during this process to avoid common mistakes.
Types of motions or appeals
There are typically two main options: a motion to reopen or a motion to reconsider. A motion to reopen presents new facts or evidence that may have been previously overlooked. A motion to reconsider challenges the legal basis for the denial. Applicants may also appeal to the Administrative Appeals Office (AAO) for specific visa types, such as employment-based visas.
What are the success rates?
The success rates for visa appeals can vary based on the reason for the denial and the type of visa. While some motions to reopen or reconsider may result in approvals, others can take months with no guarantee of success. Having accurate documentation and a strong legal argument significantly improves the chances of a successful outcome.
Understanding the visa appeal process and seeking professional legal guidance can make a difference when appealing a visa denial.
