Denice Flores • Jun 08, 2023
Did U.S. Citizenship and Immigration Services (USCIS) deny your application? You may still have the opportunity to appeal the decision or file a motion in your case.
Note, this information does not apply to cases denied by an Immigration Judge before the Immigration Court. This is only for cases filed with USCIS.
You may appeal USCIS’s decision or request USCIS to reconsider the denial by filing Form I-290B, Notice of Appeal or Motion. An appeal is filed with the Administrative Appeals Office (AAO). A Motion is filed with the USCIS office that issued the latest decision in your case, this may include a field office, service center, or the AAO.
Please be mindful that only the applicant or petitioner of the case may file Form I-290B. The beneficiary of the petition or any attorney of the beneficiary may not file an appeal or motion.
In most cases, pursuant to Title 8, C.F.R. §103.5(a)(1)(i), an appeal or motion must be filed within 30 calendar days of the date of the USCIS decision. However, if USCIS sent the decision by mail, the date the decision was mailed is the date to start counting the 30 days. USCIS may deny a late-filed appeal or motion. Please note, if filing a Motion to Reopen past the 30 days, USCIS may still accept the motion if it determines that the delay was reasonable and beyond your control.
When filing Form I-290B, you must include all evidence and supporting documents to support your appeal or motion. If filing a motion, this may include a legal brief and if filing a Motion to Reopen past the 30 days of decision, this may include evidence to show that the delay was reasonable and beyond your control.
Another critical point, do not forget to include the filing fee of $675 when submitting Form I-290B to USCIS. Failure to pay the correct amount will result in USCIS rejecting your appeal or motion.
Additionally, the address where you file Form I-290B, depends on the type of application that USCIS denied and that you are appealing or filing a motion for. You may reference the USCIS website (https://www.uscis.gov/i-290b-addresses) to determine which address is appropriate for your case.
If you have any questions about the type of evidence to include, where to file your appeal or motion, or if you are wondering if you may appeal or file a motion in your case, please schedule a consultation with one of our experienced attorneys right away and we will be more than happy to assist you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Denice Flores
What Is the Affirmative Relief Announcement?
By Flavia Santos Lloyd • 20 Jun, 2024
On June 18, 2024, President Biden announced a series of immigration actions using the authority granted to him by our existing immigration laws. These actions will help certain undocumented individuals in the United States, including: Spouses and children of U.S. citizens who have been living in the United States for at least 10 years. You may be eligible to apply for your green card without leaving the United States, if, as of June 17, 2024: ○ You are in the United States after entering without permission; ○ You have lived in the United States for at least 10 years and have never left; ○ You are legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen; and ○ You do not have certain criminal history or pose a threat to national security or public safety. If you meet these criteria, the government MAY grant you parole-in-place. Parole would be granted for a one-time period of three years. You may also be eligible for employment authorization for up to three years. If you are granted parole y ou may apply for your green card within three years of approval. Eligibility is determined on a case-by-case basis. College-educated DACA recipients and Dreamers who are qualified for nonimmigrant status, such as an H-1B specialty occupation visa. You may be eligible to apply for a temporary visa more easily, if: ○ You have a degree from an accredited U.S. institution of higher education; and ○ You have an offer of employment from a U.S. employer in a field related to your degree. Please note that these programs have NOT YET begun. Details on how to apply are expected to be released by the end of the summer through a Federal Register notice. This means: You cannot submit an application at this time. An early-filed application will be rejected . You should not pay anyone a fee associated with filing an application at this time. Be patient and take the time to find the right help. The wrong advice could harm your chances of staying in the United States, getting lawful status, or becoming a U.S. citizen. Don't be fooled by notarios and other consultants who promise immediate results or special solutions in order to steal your money. Many unscrupulous individuals will cost more than licensed attorneys! If you are unsure if someone is qualified to help, ask for proof of their credentials and retain a copy of that evidence. This program could also be legally challenged, which could impact its implementation. This makes it even more important to have a qualified, knowledgeable attorney. USE AILA’s Find an Immigration Lawyer Search, ailalawyer.org , to find a licensed immigration attorney in good standing. Or find an accredited representative at: https://www.justice.gov/eoir/find-legal-representation . FONT: https://www.aila.org/library/information-and-guidance-on-new-actions-to-promote-family-unity
USCIS Changes the form and filing fees to Apply for Naturalization
By Denice Flores • 06 Jun, 2024
U.S. Citizenship and Immigration Services made changes to the naturalization application and the filing fee which became effective April 1, 2024. The naturalization application, Form N-400, was updated. The new form edition is dated 04/01/2024. As of June 3, 2024, USCIS will only accept the new form edition. The filing fee for Form N-400 also changed. The prior filing fee was $640.00 plus a biometric fee of $85.00, for a total of $725.00. The new filing fee became effective April 1, 2024, so all naturalization applications postmarked April 1, 2024, or later, must include the new appropriate filing fee. The new general fee if you file a paper application is $760.00, and if you file the application online the fee is $710.00.
I Was Not Selected in the H1B Lottery - What Now?
By Kris Quadros-Ragar • 30 May, 2024
Missing out on the H1B lottery can feel like a significant setback, especially for those eagerly looking forward to working in the United States. However, not all hope is lost. There are multiple pathways and options to consider if you find yourself not selected in the initial H1B lottery. 1. Second Chance in the Current Year's Lottery One silver lining for those not initially selected is the possibility of a "second chance" lottery. Registrations not selected in the March lottery remain in the pool for a potential second drawing if initial selections do not complete their application process by the June 30 deadline. This means that your registration could still be picked later in the year. While the probability of selection in this second chance is low due to the high volume of registrants, it's a possibility worth holding onto. 2. Prepare for Next Year's Lottery While waiting for a possible second drawing, it's wise to prepare to file an H1B registration for the next year's lottery. For employers, maintaining an employee's work authorization in the U.S. is critical and requires careful planning, especially if the employee is currently in the U.S. under a different visa status. 3. Additional Study Programs For those on an F-1 visa nearing the end of their OPT or STEM OPT, considering further education could be a beneficial route. Enrolling in another academic program may allow you to qualify for Curricular Practical Training (CPT), which provides work authorization related to your field of study. 4. Employment with H-1B Cap-Exempt Employers Seeking employment with cap-exempt organizations is another viable strategy. These include institutions of higher education, nonprofit entities affiliated with educational institutions, and governmental research organizations. Working for a cap-exempt employer allows you to bypass the lottery system altogether. 5. Alternative Visa Options Several other visa categories might fit your situation if the H1B visa route is currently unavailable: E-1 and E-2 Visas: For nationals from countries with a trade treaty with the U.S., engaging in substantial trade or investment activities. E-3 Visa: Specifically for Australian citizens, this visa shares similarities with the H1B but isn't subject to the cap. H-1B1 Visa: Available to nationals from Singapore and Chile with similar benefits as the H1B visa but without the cap restrictions. O-1 or P-1 Visas: For individuals demonstrating extraordinary abilities in their field or those who are internationally recognized. TN Visa: For Canadian and Mexican nationals in certain professions, allowing easier access to work in the U.S. without a cap limit. L-1 Visa: Allows intra-company transfers for multinational companies. 6. Pursuing Permanent Residency If you're considering a long-term future in the U.S., starting the green card process could be a strategic move. While this is a more lengthy and complex process, it is worth discussing the possibilities – whether employment-based or not - with an immigration attorney to explore your eligibility and timelines. Each of these pathways requires careful planning and understanding of the specific eligibility requirements and timelines. The Santos Lloyd Law Firm team can provide personalized guidance based on your particular circ*mstances and help you navigate through these alternatives effectively.
