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If your family-based visa petition or application has been denied, you have the right to appeal the decision through the Board of Immigration Appeals.

If you disagree with a decision made about your case, you can also file an I-290B, Motion to Reconsider with USCIS. This type of motion alleges that the original decision was based on incorrect information or a misunderstanding of the law.

Additionally, you can file an I-290B, Motion to Reopen with USCIS. This motion must be filed within 33 days of the original decision and must include new evidence that was not available at the time of the original decision.

You have to keep in mind: For an appeal or motion to reconsider to be successful, you cannot simply offer new evidence or arguments — you must show how the adjudicator erred in their decision. For a motion to reopen – you must show how the new evidence offered will likely change the unfavorable outcome.

Do You Have To Start Over After An Immigration Appeal?

If an appeal is unsuccessful, you will have to start from scratch – even if you are re-submitting evidence.

Additionally, if your initial attempt failed due to lack of evidence, you would need to provide more evidence, such as affidavits from friends and family or tax documents showing that you now file jointly with your spouse.

For more information on Immigration Law in Virginia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (703) 249-9055 today.

Brousseau & Lee, PLLC

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