Key Takeaways:
- If your I-140 petition is denied, you have options to address the issue, especially if it was based on incorrect information.
- To appeal an I-140 denial, review the denial notice, file Form I-290B, provide correct information, pay fees, and await a decision.
- You can also file a motion to reopen or reconsider, and seeking professional help from an immigration attorney is valuable.
What to Do After an I-140 Denial
Receiving a denial for your I-140 petition can be a distressing experience, but it’s crucial to understand that you have options to address the issue, especially if the decision was based on incorrect information. The I-140, Immigrant Petition for Alien Worker, is a significant step in the journey towards employment-based permanent residency in the United States. A denial can halt this process, but with the right action, you may be able to reverse the decision.
Understanding the Reasons Behind the Denial
Before you can contest an I-140 denial, it’s important to comprehend the reasons given for the rejection. The United States Citizenship and Immigration Services (USCIS) will provide a denial notice outlining the specifics. Common reasons could include insufficient evidence to support the petition’s claims or failure to meet the eligibility requirements. In cases where the denial is due to immigration application errors or incorrect information, you might consider filing an appeal or a motion.
How to Appeal a Visa Decision
If you believe the denial of your I-140 was a mistake, you have the option to appeal the decision. Here are the steps to appeal:
- Review the Denial Notice: Understand the reasons for the denial and ensure that you are within the timeframe to file an appeal, which is typically 33 days after the decision for those residing within the United States.
- File Form I-290B: To initiate an appeal or motion, file Form I-290B, Notice of Appeal or Motion, with USCIS.
Supply Correct Information: Along with Form I-290B, provide any new or correct information and supporting documents that address the reasons for the denial.
Pay the Applicable Fees: There are fees associated with filing an appeal. Ensure that you pay the correct amount as outlined by USCIS.
Await a Decision: After you file your appeal, USCIS will re-examine your case. This can take several months.
For more information, visit the official USCIS Form I-290B page.
Motion to Reopen vs. Motion to Reconsider
You also have the option to file either a motion to reopen or a motion to reconsider.
- Motion to Reopen: This is typically filed when you have new facts or evidence that was not previously available. You’ll need to submit the new evidence alongside the motion.
Motion to Reconsider: File this motion if you believe the decision was incorrect based on the evidence presented at the time of the initial petition. You must provide a legal basis for why the decision should be reconsidered.
Both types of motions are included on Form I-290B and can be a strategic choice when errors impacted the original decision.
Seeking Professional Help
It’s invaluable to seek assistance from an immigration attorney if you’re facing an I-140 denial due to incorrect information. Legal professionals can provide guidance tailored to your situation, ensuring that the appropriate documentation and arguments are presented to increase the chances of a successful appeal or motion.
Conclusion
An I-140 denial is not the end of the road. By understanding the reason for the denial, you can take corrective action, such as filing an appeal or motion with the correct evidence and information to counter the reasons for the rejection. Remember, the key is to act quickly and accurately to address the denial. For more information and assistance, you can refer to the USCIS website or consult with a qualified immigration attorney to discuss your case and what steps you should take next.
Don’t let an I-140 denial dampen your dreams of US permanent residency! Take action by appealing the decision or filing a motion. Need more guidance? Check out visaverge.com, where you’ll find expert advice and resources to navigate the intricacies of immigration. Good luck, and remember – the journey’s not over yet!
FAQ’s to know:
FAQ 1: What are the options after receiving an I-140 denial?
Answer: After receiving an I-140 denial, you have options to address the issue. Depending on the reasons for the denial, you can consider filing an appeal or a motion. It’s important to understand the specific reasons provided in the denial notice before taking further action.
FAQ 2: How can I appeal a denial for my I-140 petition?
Answer: To appeal a denial for your I-140 petition, follow these steps:
1. Review the denial notice and ensure you are within the timeframe to file an appeal.
2. File Form I-290B, Notice of Appeal or Motion, with USCIS.
3. Include any new or correct information and supporting documents that address the reasons for the denial.
4. Pay the applicable fees as instructed by USCIS.
5. Wait for USCIS to re-examine your case and make a decision, which can take several months.
FAQ 3: What is the difference between a motion to reopen and a motion to reconsider?
Answer: The two options available for challenging an I-140 denial are the motion to reopen and the motion to reconsider.
– A motion to reopen is filed when you have new facts or evidence that were not previously available. You must submit the new evidence alongside the motion.
– A motion to reconsider is filed if you believe the decision was incorrect based on the evidence presented at the time of the initial petition. You must provide a legal basis for why the decision should be reconsidered.
Both types of motions can be filed using Form I-290B and should be considered based on the specific circumstances of your case.
What did you learn? Answer below to know:
- True/False: Filing an appeal is the only option to contest an I-140 denial.
- What is the time limit for filing an appeal after receiving an I-140 denial within the United States?
- What is the difference between a motion to reopen and a motion to reconsider in the context of an I-140 denial?
