I-290B 案件重审/复议/上诉

移民局申请被拒,这是大家都不愿意看到的结果。但有时也无法避免。如果您的申请不幸被拒,您可以向移民局行政上诉办公室(AAO)上诉,或者去移民上诉委员会(BIA)上诉。

除了选择上诉这种方式,您也可以请求作出否决的移民局办公室重审(Motion to Reopen)或复议(Motion to Reconsider)。即使没有上诉的权利,也可以向移民局提出此要求。甚至如果您对上诉结果不满意,还可以基于上诉决定来提出重审或复议。当然,某些特殊情况则除外。

在 Tsang & Associates 律师事务所,我们的专业律师将帮助您申请 I-290B,帮助您翻转不公平的案件结果。

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费用

服务费用:依个案而异

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相关信息

服务

我们会基于您的案件情况,充分评估分析后,准备律师说明信、所有表格以及相关证明文件。

文件清单

为力求给您提供最有效最准确的咨询,我们强烈推荐您提供以下资料文件(越多越好),以确保我们的交流达到最大成果。

1. 案件拒绝通知书(denial notice)

2. 原先递交的申请材料

3. 翻案的相关新证明

相关信息

1. 关于上诉(Appeal)

上诉是指:请求上一级对案件否决进行审查。收到的否决书(denial notice)上会提供你是否有上诉权利等相关信息。一般情况下,应在判决日开始算起(而不是收到判决书的那天),之后30天内提交上诉申请。有些情况上诉期限会更短些。判决书上会说明有效上诉期限,不能延长。美国移民局行政上诉办公室(AAO)尝试尽量在收到上诉费6个月内处理完上诉案件,但有些案件可能会需要更长的时间。

2. 关于重审(Motion to Reopen)

重审是指请求原来审查该案的官员基于新事实进行重新审理。重审请求中必须指出新的事实证据以及基于新事实提交宣誓书(affidavit)或其他证明文件。

如果是因为没有在规定时间补件(request for evidence,RFE)或没有及时回应否决意向通知(Notice of Intent to Deny, NOID)等情况导致的案件撤销被拒,那么如果可以证明以下情况,则可以请求重审:

—要求补充的证据材料不是重要的;

—要求提供的证据证明已经在申请中提交;

—补件通知没有发到登记地址。

3. 关于复议(Motion to Reconsider)

复议是指请求原来审查该案的官员基于新的法律或政策进行重新审议。在复议请求中必须声明原判是在不适用的法律或移民局政策的基础上判决的。还要进一步指出,原判是根据当时的证据做出的错误判决。与重审不同,新的证据和情况并不能作为复议理由。

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样品和模板

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律师简函:[随后提供] 我们将提供一封I-290B申请的律师简函样例。

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附信:[随后提供] 我们将提供一封I-290B申请附信样例。

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补件样例:[随后提供] 补件用以补强案件理据。

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表格:点击“表格”可查看移民局所需表格列表。

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文件清单样例:[随后提供] 我们将根据客人个案的具体情况拟定专属文件清单来加强案件理据。

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移民局规费计算器: 点击“移民局规费计算器”可助您计算移民局规费金额。

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移民局邮寄地址:  点击“移民局邮寄地址”可查看申请递交的具体收件地址。

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移民局审理时间表:点击“移民局审理时间表”可助您掌握申请所需时间。

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各地指纹中心:点击“各地指纹中心”可查看各地指纹中心地址列表。

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FREQUENTLY ASKED QUESTIONS

Can anyone Appeal?

Anyone representing the petitioner, or the petitioner can file an Appeal. But there is an exception when the beneficiary was also the petitioner can file an appeal (for example, a VAWA self-petitioner, the widow(er) of a U.S. citizen, or otherwise authorized to file a visa petition for yourself).

How much time do I have to Appeal a USCIS decision?

Form I-290B must be filed within 30 days of a USCIS or DOL decision. If the denial notice was received in the mail, you will have 3 extra days for a total of 33 days from the date of denial to make an Appeal. In cases of Revocation, there is a shorter 15-day deadline.

What is “Initial Field Review”?

After ensuring the Appeal is complete along with the filing fee, the USCIS field office that made the adverse decision conducts an “Initial field review” of the appeal to determine whether to take favorable action. The field office must review the Appeal before forwarding it to the AAO.

What is “favorable action”?

If the office determines that favorable action is warranted, favorable action is defined by treating your Appeal as a motion and approving your application or petition, making further AAO review unnecessary.

Can an employee Appeal a decision to deny an employment petition?

An employee cannot Appeal a decision made to deny an employment petition. In this case, the employee is considered a beneficiary. Only the employer or an attorney for the employer can file a petition for an Appeal.

Are there any exceptions to an employee Appeal on a decision to deny employment petition?

The only way in which an employee can file an Appeal is in the “revocation proceeding” as employees are considered “affected parties” in this stage relating to their visa petitions. To file an Appeal or Motion, you must have had an approved Form I-140 that USCIS later revoked, filed a Form I-485 based on a valid Form I-140, and the Form I-485 has been pending for 180 days or more, submitted a Form I-485 Supplement J after January 17, 2017, to request job portability, or you submitted a portability request before January 17, 2017, via a written letter or other acceptable form of communication, and USCIS has approved your portability request.

Should I submit more evidence or a summary of my arguments for the Appeal?

  • Yes, you should include more evidence and a summary of your arguments in your Appeal. Both are necessary and helpful in validating your appeal. If you have new evidence since the initial submission, you should also include copies of new evidence, including affidavits of the witnesses or experts.
  • You should also include a brief, which is a summary of all your arguments and explanations that will support your Appeal. While it is not mandatory to include a brief, adding it to the Appeal brings a higher success rate as you get the chance to clearly explain your position to the AAO.

Can I request oral arguments in my Appeal?

Yes, you can make a request for oral arguments, but the request is rarely granted. Also, it is usually not a preferred way to make your statement as it costs a lot of time and money. You will have to provide a strong reason to support the need for oral arguments as well as bear the extensive expenses.

How long will it take to get an answer on my Appeal?

It may take a year or two to get answers to your Appeals. According to USCIS, “the AAO strives to complete its appellate review within 180 days from the time it receives a case file after the initial review.” However, AAO Appeal reviews often exceed 180 days depending on the complexity of your case as well as how busy the AAO is at the time. You can find more information on the appeal processing time at the USCIS website.

Is it better to Appeal or to reapply?

In most cases, reapplying is an easier and more efficient way to get your application approved. By reapplying, you can present a more careful collection of evidence since you already knew the reason behind the denial, rather than convincing a USCIS or AAO to revert an unfavorable decision.

What are the chances of success of filing an Appeal? Is this worth doing?

The chances of successfully reversing the adverse decision with I-290B Appeal depends on your ability to present new evidence or appropriate law that shows USCIS made an erroneous decision in the first place. Thus, having an attorney is highly recommended to expertly review the initial denial decision and determine whether it is worth filing a I-290B.

What documents do I need to prepare to file an Appeal?

Each case is unique and requires specific documents and documentary evidence dependent on the case type and case category. We will assess the basis for denial, the case background, and potential challenges to strategize and come up with all necessary documentation. At Tsang and Associates, we specialize in writing legal briefs and cover letters, and finding documentary evidence to overturn unfavored decisions.

What can I do if my Appeal is denied?

Depending on your case, you may file another Motion to Reopen, or Appeal to the AAO, BIA, or directly to the district court. Please note, you may only Appeal a decision on a Motion to the AAO only if the original decision was appealable to the AAO. Denial of Motions to Reopen can also be appealed to the Board of Immigration Appeals (BIA) as can most underlying cases. And if the BIA denies the Appeal, the matter can usually be further appealed to the United States Court of Appeals for the Ninth Circuit. To determine the correct course of action, you should speak with an attorney.

Is it worth the cost?

This is something only you can decide. Many cases deal with the possibility of deportation, financial ruin, company shutdown, or even separation from family. We understand that navigating immigration law can be scary and risky; our immigration lawyers at Tsang and Associates can help you navigate the complex structure of immigration law, combining years of experience with a solution-oriented mindset, delivered with compassion and understanding. We aspire to provide the highest quality of work, while maintaining reasonable fees. The decision is up to you, and we are happy to discuss a proposal with you.

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咨询步骤

请拨打电话或发送电子邮件预约一小时的律师咨询。

您可通过电话或电子邮件里的链接支付250美金的咨询费。

如果您想在正式咨询前先与我们的团队快速沟通,请使用右边的日历预约10分钟电话交流。

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