How to Appeal an Immigration Decision Successfully

A denied immigration application can feel devastating, but it is not necessarily the end of the road. Both U.S. Citizenship and Immigration Services (USCIS) and the immigration courts provide processes for appeals and motions that allow applicants to challenge certain decisions. With the right legal strategy, it’s possible to turn a setback into another opportunity.

If your immigration application has been denied, don’t assume your journey is over. Here’s how to appeal and keep your case alive.

When Can You Appeal an Immigration Decision?

Not every immigration denial is final. Depending on your case, you may have the right to file an appeal or motion. Common denials that may qualify for appeal include:

• Green card applications (family- or employment-based)
• Asylum or refugee applications
• Waivers of inadmissibility
• Naturalization (citizenship) applications

That said, not all denials are appealable. In some cases, you may need to file a motion to reopen (presenting new facts or evidence) or a motion to reconsider (arguing legal error) instead of a traditional appeal. 

Understanding which option applies to your case is the first step toward success.

See USCIS Appeals and Motions for an overview of which cases are eligible.

The Immigration Appeal Process (Step by Step)

The immigration appeal process can feel intimidating, but breaking it down into steps makes it more manageable:

1. Review your denial notice – This document explains why your case was denied and whether you have the right to appeal. It also specifies the deadline, which is usually strict.
2. Identify the correct appeal body – Immigration appeals are not one-size-fits-all:
   
   • USCIS Administrative Appeals Office (AAO): Handles many petitions, including employment-based visa denials and certain waivers.
   • Board of Immigration Appeals (BIA): Reviews most immigration judge decisions and some DHS rulings.
3. File the proper form:
   
   • Form I-290B (Notice of Appeal or Motion): Used for most USCIS denials and motions to reopen or reconsider.
   • EOIR-26 (Notice of Appeal): Used for appeals to the BIA when challenging an immigration judge’s decision.
4. Submit evidence and legal arguments – Appeals aren’t simply reapplications. They require persuasive legal reasoning and (if applicable) new evidence.

At Brudner Law, we guide clients through each of these steps with precision. Learn more on our Waivers & Appeals page.

How to Strengthen Your Immigration Appeal

Strong appeals share a few common elements. To maximize your chance of success, you should:

• Provide new evidence – Updated documents, affidavits, financial records, or medical reports that were unavailable at the time of your original application.
• Highlight legal errors – Demonstrate where the decision-maker misapplied the law or overlooked key facts.
• Clarify inconsistencies – Address and correct any errors, omissions, or contradictions in your initial application.
• Hire experienced counsel – The appeal process is highly technical. A skilled immigration appeal lawyer in Orange County can ensure forms are filed properly, arguments are persuasive, and deadlines are met.

Learn more about the Board of Immigration Appeals process on the DOJ’s official page.

Common Mistakes That Lead to Failed Appeals

Unfortunately, many appeals fail not because the applicant lacked a strong case, but because of avoidable errors. The most frequent mistakes include:

• Missing strict deadlines – Most appeals must be filed within 30 days of the decision. Late filings are usually dismissed automatically.
• Submitting vague arguments – General complaints without legal citations or evidence rarely succeed.
• Relying on old evidence – Simply resubmitting the same documents from the original case will not persuade an appeals officer or judge.
• Filing with the wrong office – Sending your appeal to the incorrect location or authority can result in immediate rejection.

Our Immigration Services include appeal representation to prevent these costly missteps.

FAQs About Immigration Appeals

How long does the appeal process take?

It varies. AAO appeals often take six months to a year. BIA appeals can take a year or longer, depending on the complexity of the case.

Can I stay in the U.S. while appealing?

In many cases, yes, but it depends on your current status and type of appeal. Some appeals automatically provide a stay of removal, while others do not.

Do I need an attorney to file an appeal?

It is not required, but strongly recommended. Appeals involve complex legal arguments, and mistakes are costly.

Can I reapply instead of appealing?

Sometimes. For certain denials, re-filing may be a better strategy than appealing. This depends on your case type and reasons for denial.

Motions to Reopen vs. Motions to Reconsider

In addition to appeals, USCIS and the BIA allow applicants to file motions:

• Motion to Reopen – Based on new facts or evidence not available during the initial decision. For example, updated medical records or changed country conditions.
• Motion to Reconsider – Argues that the original decision was legally incorrect, based on the evidence and law at the time.

These motions can be filed with or instead of an appeal. An attorney can help determine the most strategic option for your case.

A Denial Isn’t the End

Immigration denials are stressful, but they don’t have to be permanent setbacks. By acting quickly, gathering strong evidence, and presenting a clear legal argument, you can give your case a second chance.

At Brudner Law, we guide clients through the immigration appeal process with precision and care—whether it’s a motion to reopen, a motion to reconsider, or a full BIA appeal.

If your immigration case was denied, don’t wait. Contact Brudner Law in Orange County to discuss your appeal and protect your future in the U.S.

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