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An unfavorable immigration decision may not be the end of your case.
Receiving a denial or other unfavorable immigration decision can be discouraging, especially when your future, your family, or your ability to remain in the United States may be affected. However, depending on the circumstances, you may have the right to challenge the decision through an appeal, a motion, or another form of legal review.
Received an unfavorable immigration decision? Schedule a confidential case evaluation with our legal team.
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Short answer
Depending on the circumstances, a denial or other unfavorable decision may be challenged through an appeal, a motion to reopen, a motion to reconsider, or federal court review. Appeals and motions are subject to strict requirements and filing deadlines, so the decision notice should be reviewed as soon as possible.
At 360 Immigration Law Group, we carefully examine the decision, the procedural history, the evidence, and the applicable law to determine what options may still be available.
An unfavorable immigration decision may not be the end of your case
Receiving a denial or other unfavorable immigration decision can be discouraging, especially when your future, your family, or your ability to remain in the United States may be affected. However, depending on the circumstances, you may have the right to challenge the decision through an appeal, a motion, or another form of legal review.
At 360 Immigration Law Group, we carefully examine the decision, the procedural history, the evidence, and the applicable law to determine what options may still be available. Our attorneys develop focused legal arguments designed to address the specific factual or legal issues that affected the outcome of the case.
Because immigration appeals and motions are subject to strict requirements and filing deadlines, it is important to seek legal guidance as soon as possible after receiving a decision.
Remedy routing after an unfavorable decision
Unfavorable decision received
Board of Immigration Appeals (BIA)
Reviews certain decisions issued by immigration judges and Department of Homeland Security officers.
Administrative Appeals Office (AAO)
Reviews certain decisions issued by USCIS, limited to specific categories of petitions and applications.
Motion to reopen or reconsider
Asks the authority that issued the decision to examine the case again based on new evidence or a legal or factual error.
Federal circuit court petition for review
Challenges a final administrative decision in a federal circuit court of appeals, under separate jurisdictional rules and deadlines.
Not every immigration decision may be appealed, and the correct procedure is not the same in every case.
After an unfavorable decision, the available options may include a BIA appeal, an AAO appeal, a motion to reopen or reconsider filed with the authority that decided the case, or a federal circuit court petition for review. Not every immigration decision may be appealed, and the correct procedure is not the same in every case.
What is the difference between an appeal and a motion?
Although appeals and motions may both be used to challenge an immigration decision, they serve different purposes.
- Newly available or previously unavailable evidence
- Changed circumstances
- Lack of proper notice
- An order entered in a person's absence
- Ineffective assistance of prior counsel
- Other facts that may justify reopening the proceedings
Immigration appeals
An appeal generally asks a higher administrative authority to review a decision issued by an immigration judge, USCIS, or another immigration authority. The appeal may argue that the original decision involved an incorrect application of the law, a significant factual error, or another issue that affected the outcome. Depending on the type of case, an appeal may be reviewed by the Board of Immigration Appeals (BIA), the USCIS Administrative Appeals Office (AAO), or another authorized reviewing body.
Motions to reopen
A motion to reopen asks the authority that issued the decision to examine the case again based on new facts or evidence that were not previously available or considered. The filing generally must explain why the new information is material and support it with appropriate documentation.
Motions to reconsider
A motion to reconsider asks the authority that issued the decision to review it again because the decision contained an error of law or fact. Unlike a motion to reopen, it is generally based on the existing record and must identify the specific errors in the prior decision using applicable statutes, regulations, precedent decisions, or other legal authority. In some cases, a combined motion to reopen and reconsider may be appropriate.
A motion to reopen may be considered in circumstances involving the factors listed above.
Appeal vs. motion
| Appeal | Motion |
|---|---|
| Reviewed by a higher authority | Returns to the authority that decided the case |
| Argues legal or factual error | Presents new facts or evidence, or identifies an error |
| Based on the existing record | May be a motion to reopen, reconsider, or a combined motion |
An appeal is reviewed by a higher authority, argues legal or factual error, and is based on the existing record. A motion returns to the authority that decided the case, presents new facts or evidence or identifies an error, and may be a motion to reopen, a motion to reconsider, or a combined motion.
What types of immigration decisions may be challenged?
The available options depend on the agency that issued the decision, the type of immigration benefit or proceeding involved, and the language contained in the decision notice.
Appeals or motions may be available in matters involving:
- Decisions issued by immigration judges
- Orders of removal
- Denied family-based petitions
- Certain denied employment-based petitions
- Certain visa petition denials or revocations
- Denied applications for immigration benefits
- Denied asylum or other removal-defense cases
- Decisions involving waivers or findings of inadmissibility
- Decisions issued after a previous appeal or motion
- Orders entered when an individual did not appear for a hearing
Not every immigration decision may be appealed, and the correct procedure is not the same in every case. In some situations, a motion, a new application, or judicial review may be more appropriate than an administrative appeal.
Our attorneys evaluate the decision itself, not simply the result, to identify the strongest legally available path forward.
Appeals before the Board of Immigration Appeals
The Board of Immigration Appeals, commonly known as the BIA, primarily reviews certain decisions issued by immigration judges and Department of Homeland Security officers.
A BIA appeal may challenge issues such as:
- An incorrect interpretation or application of immigration law
- Material factual findings that are not supported by the record
- Failure to properly consider relevant evidence
- Procedural errors that affected the fairness of the proceedings
- The denial of an available form of relief
- Certain discretionary determinations
A successful appeal may result in the decision being reversed or the case being returned to the immigration court for further proceedings. BIA appeals are generally decided through written legal arguments, making a clear, well-supported appellate brief an essential part of the process.
Appeals before the Administrative Appeals Office
The Administrative Appeals Office, or AAO, reviews certain decisions issued by USCIS. Its authority is limited to specific categories of immigration petitions and applications, so not every USCIS denial may be appealed to the AAO.
When an AAO appeal is available, the filing may address:
- Legal or factual errors in the USCIS decision
- Misinterpretation of the evidence
- Failure to properly apply the governing eligibility requirements
- Incorrect findings regarding the petitioner, beneficiary, or requested immigration classification
- Other errors that materially affected the decision
The denial or revocation notice should state whether the decision may be appealed or challenged through a motion. Our attorneys review that notice carefully to determine the correct procedure, filing location, and deadline.
Federal court review
In certain cases, a final administrative decision may be challenged through a petition for review in a federal circuit court of appeals. Federal court litigation is different from an administrative appeal and involves separate jurisdictional rules, procedures, and deadlines.
Filing a petition for review does not necessarily stop removal automatically. When federal review may be available, the case must be evaluated promptly to determine the appropriate legal strategy and whether additional relief should be requested.
Deadlines matter
Appeals and motions are governed by strict filing deadlines. Depending on the decision and the type of challenge, the available filing period may be very short.
The deadline may be calculated from:
- The date of the decision
- The date the decision was mailed
- The date the decision was served
- The date of an immigration judge's oral ruling
- Another date established by the applicable rules
Sending a filing by the deadline may not always be enough; some filings must be received by the reviewing authority before the deadline expires. Missing a deadline can limit or eliminate important legal options.
If you recently received an unfavorable immigration decision, contact an attorney promptly and keep the complete notice, envelope, and all accompanying documents.
What the deadline runs from
- The date of the decision
- The date the decision was mailed
- The date the decision was served
- The date of an immigration judge's oral ruling
- Another date established by the applicable rules
Some filings must be received before the deadline, not merely sent.
The deadline for an appeal or motion may be calculated from the date of the decision, the date the decision was mailed, the date the decision was served, the date of an immigration judge's oral ruling, or another date established by the applicable rules. Some filings must be received before the deadline, not merely sent. The source states no specific day counts.
Building a focused appeal or motion
An effective appeal or motion requires more than expressing disagreement with the outcome. The filing must identify the appropriate legal remedy and clearly explain why the prior decision should be reviewed, reversed, or reopened.
Depending on the case, our legal team may:
- Review the complete immigration history and procedural record
- Examine the written decision and the stated reasons for the outcome
- Identify material errors of law, fact, or procedure
- Evaluate whether important evidence was overlooked or mischaracterized
- Determine whether new evidence may support reopening
- Research applicable statutes, regulations, and precedent decisions
- Prepare detailed written legal arguments
- Organize supporting evidence and required documentation
- Monitor filing and briefing deadlines
- Evaluate additional remedies that may be available
Every case requires an individualized analysis. Filing the wrong type of challenge, or presenting arguments that do not meet the legal requirements, can cost valuable time and affect the options that remain available.
Why choose 360 Immigration Law Group?
Appeals and motions require careful legal analysis, persuasive writing, and close attention to procedural requirements. Our firm approaches these matters with the seriousness they deserve.
Careful review by multiple attorneys
Every case receives the attention of at least two attorneys. Our founder and managing attorney directly oversees every filing, providing an additional level of legal review and strategic direction.
Individualized legal strategy
We do not rely on a one-size-fits-all response to an unfavorable decision. We examine the record, the reasoning used by the decision-maker, and the legal remedies available based on the specific circumstances of the case.
Detailed and organized preparation
Our team works to develop clear legal arguments supported by the record, relevant evidence, and applicable authority. We pay close attention to both the substance of the case and the procedural requirements that govern the filing.
Clear and responsive communication
Our operations, intake, paralegal, and legal-assistant staff support every matter, so questions get answered within 24 hours of being asked. We keep clients informed about important deadlines, filing developments, and the next stage of the process.
Immigration representation across the United States
Because immigration law is federal, our firm assists clients throughout all 50 states. Consultations and case preparation are available by phone, Zoom, or in person.
Who qualifies?
Immigration appeals
Asks a higher administrative authority, such as the BIA or the AAO, to review a decision for an incorrect application of the law, a significant factual error, or another issue that affected the outcome.
Motions to reopen
Asks the authority that issued the decision to examine the case again based on new facts or evidence that were not previously available or considered.
Motions to reconsider
Asks the authority that issued the decision to review it again because the decision contained an error of law or fact, generally based on the existing record.
Schedule a case evaluation
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Do you qualify? A four-question check
Do you qualify? A four-question check
Four questions that help identify which remedy may fit your situation.
What does the process look like?
Review the complete immigration history and procedural record
Our legal team examines the written decision and the stated reasons for the outcome, along with the complete immigration history and procedural record.
Identify material errors or new evidence
We identify material errors of law, fact, or procedure, and evaluate whether important evidence was overlooked or mischaracterized, or whether new evidence may support reopening.
Research and prepare the filing
We research applicable statutes, regulations, and precedent decisions, then prepare detailed written legal arguments and organize supporting evidence and required documentation.
Monitor deadlines and additional remedies
We monitor filing and briefing deadlines and evaluate additional remedies that may be available.
How long does it take?
Appeals and motions are governed by strict filing deadlines. Depending on the decision and the type of challenge, the available filing period may be very short. The source states no specific day counts.
What does it cost?
We quote appeal and motion representation after reviewing your decision notice.
Appeals and motions require careful legal analysis, persuasive writing, and close attention to procedural requirements, so the work involved depends on the type of challenge and the record.
Schedule a confidential case evaluation with our legal team to receive an individualized evaluation before any work begins.
Contact
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Send us the basics and we'll reply within one business day in English, Spanish or Portuguese.
- We reply within one business day, in English, Spanish or Portuguese.
- Consultations by phone, Zoom or WhatsApp.
- Attorney input is part of our case evaluation process from the start. The information you share is carefully reviewed with an attorney.
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