Business Immigration Appeals
Business Immigration Appeals Attorney in Hallandale Beach, Florida
The United States is often referred as the “land of opportunity.” It’s considered a desirable country to immigrate to. Thanks to its robust investment community and consistently strong economy, it provides endless opportunities for skilled foreign workers, investors, and entrepreneurs alike.
You may want to invest, build a business, work, and live in the United States temporarily. It may also be your goal to achieve the American dream by becoming a permanent resident and, eventually, a citizen of the U.S. But the road may not be easy. Are you one of those investors, business owners, or skilled workers who received an unfavorable immigration decision?
A visa denial is not the end of your dreams and business endeavors. There are different options you can consider. Let a well-rounded business immigration appeals attorney in Hallandale Beach, Florida lead you on the right path. Speak to us now!
Why do I need a Business Immigration Appeals in Florida?
The immigration appeal process is complex. The rules are strict, and there are limited options you can take. It is crucial to make the right decision because your greener pasture is at stake. Choosing the right law firm to represent you can change the course of your immigration journey.
AmLaw Group, a law office based in Hallandale Beach, Florida, has over ten years of experience in immigration law. We pride ourselves on taking an individualized approach to every case we handle and focusing on achieving positive results aligned with our client’s hopes and dreams.
It is our goal to achieve your dream as you have envisioned them. And we will only stop after seeing you live your dream. Discover how AmLaw Group can help you reach your dream. Call our law office today!
What is Business Immigration?
Business immigration law assists employers in meeting labor needs and individuals in achieving career and life goals. The United States immigration law has various provisions that allow foreign professionals, workers, traders, and investors, as well as their families, to enter the US on a temporary or permanent basis.
Foreign nationals seeking to work or open businesses in the United States on a temporary or permanent basis can apply for various employment-based visa categories. Most work visa categories require a US employer to sponsor the foreign national for employment in the United States. Other visa categories, such as the E-2 visa for treaty investors or the O-1 visa for people with “extraordinary ability,” allow for self-employment under certain conditions.
But what will happen if you apply for any of these visas and the US denies your application? An experienced Florida business immigration appeals attorney will have all the answers to your questions. Consult with us now!
What is an Appeal?
An appeal is a request to a different authority to review an unfavorable decision. You may appeal certain United States Customs and Immigration Service (USCIS) decisions to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), an office within the Department of Justice. The BIA and the AAO are administrative appellate entities with jurisdiction over different immigration issues. AAO is responsible for business immigration appeals.
Your denial or revocation notice will provide information about whether you may appeal the decision and where to file your immigration appeal.
A motion is a request to the USCIS office that issued the unfavorable decision to review its decision. With certain exceptions, you may file a motion to reopen or reconsider if you received an unfavorable decision in your case. You may file a motion even if your case is not eligible for an immigration appeal.
Can Business Immigration matters be filed to AAO?
AAO reviews decisions made by the officers from the USCIS. The AAO can hear appeals on approximately fifty different immigration applications and petitions, including the following business immigration matters.
- Most employment-based immigrant and nonimmigrant visa petitions (Forms I-140 and I-129);
- EB-5 immigrant investor petitions (Form I-526) and Regional Center applications (Form I-924), and;
- EB-5 immigrant investor petitions.
To check if you can be appealed at AAO, it is recommended to seek legal advice from a credible Florida business immigration appeals attorney.
Who are eligible to file for an Immigration Appeal?
An “affected party” is a person or organization with legal standing in an immigration proceeding. It, however, excludes the beneficiary of that petition. Nevertheless, a lawyer or another party can represent the affected party.
According to USCIS, only a petitioner or an applicant can file an appeal, motion, or certification before the AAO. The beneficiary of a petition or another third party cannot file the appeal unless they are also the petitioner (such as in the case of self-petitioners).
Otherwise, USCIS will reject the appeal as improperly filed and will not refund any previously accepted filing fee.
To ensure your immigration appeal is not dismissed, consult a reliable business immigration attorney in Hallandale Beach, FL, who can assess your case with competence.
What are not eligible for an Appeal?
In the following instances, AAO does not take immigration appeals into consideration:
- Rejected Applications and Petitions – a request for immigration benefits that a field office has denied is not eligible for immigration appeal to the AAO. When the USCIS denies a request for an immigration benefit, the agency does not record the filing date, and there is no merits-based decision for the AAO to examine.
- Abandoned Applications and Petitions – immigration benefit requests denied after being considered abandoned, administratively terminated, or administratively closed may not be appealed to the AAO. However, appellants can submit a motion to reopen the decision made by the field office.
- Withdrawn Applications and Petitions – Once a withdrawal of an application or petition is acknowledged by a field office, it cannot be appealed to the AAO.
- Denied Motions to Reopen or Reconsider – Motions to reopen or reconsider denied by a field office cannot be appealed; unless the original verdict on the case is appealable.
- AAO Decisions – denials or unfavorable decisions by the AAO cannot be appealed but may be filed with a motion reopen or reconsider.
How is the AAO Immigration Appeals Process?
The administrative appeals process has two stages, first is the initial field review, and second, if necessary, the AAO appellate review.
To begin, the USCIS field office responsible for the unfavorable decision will carry out an “initial field review.” That could take up to 45 days. They will evaluate the immigration appeal and decide on what action to take.
The field office may reopen or reconsider the case based on the motion made by the applicant, and approve the petition.
If the office decides not to take favorable action, it will send the immigration appeal to the AAO. After that, the immigrant will receive a Notice of Transfer to the AAO in the mail.
The AAO will then carry out an appellate review. Such can take up to 6 months from the time it receives a complete case record after the initial field review.
How do I file an AAO Immigration appeal?
When USCIS denies an application, it sends the applicant a letter explaining the reason/s for the denial. If the decision is appealable, the letter will include instructions on filing an appeal or a motion for reconsideration.
The majority of immigration appeals must be filed through USCIS Form I-290B. However, some immigration case categories have different appeal requirements. You should carefully review the denial letter and the AAO website for instructions on whether you can appeal your case.
An immigration appeal to the AAO must state the USCIS officer’s errors of law or fact. You or your trusted Hallandale Beach business immigration appeals lawyer should provide a written statement with Form I-290B and a legal brief. The statement and legal brief should include all arguments you wish the AAO to consider on the immigration appeal, even if you have previously made the same arguments to the USCIS field office.
When do I file a business immigration appeal in Florida?
The majority of the immigration appeals to the AAO must be filed within:
- 30 calendar days after personal service of the decision, or
- 33 calendar days if the decision was mailed.
The filing window includes Saturdays, Sundays, and legal holidays. The counting starts on the first calendar day after receiving USCIS’s unfavorable decision. If the last day of the filing period falls on a weekend or a legal holiday, the date is extended until the end of the next business day.
USCIS denies some petitions with only a 15-day immigration appeal period. If this shorter period applies to your case, USCIS will include it in the decision notice. Immediately check with your Hallandale Beach business immigration lawyer as soon as you receive a denial notice.
You will be working on a tight schedule, and an immigration lawyer beside you can make this process smooth.
Where do I submit a Business Immigration Appeals in Florida?
You should submit appeals to the correct address for filing. Appeals incorrectly mailed to the AAO will be dismissed and sent back. Direct filing addresses for Form I-290B are available on the USCIS website.
There is a possibility of delay in processing if applications and petitions are not mailed to the correct filing location. To avoid this, seek legal advice from a knowledgeable business immigration appeals attorney in Florida.
How much is the Filing Fee?
All eligible affected parties can submit an immigration appeal after paying a filing fee. If you cannot afford to pay the filing fee, you can request an immigration appeal fee waiver using USCIS Form I-912.
USCIS may grant a fee waiver if:
- You or your spouse is a head of household receiving a means-tested government benefit;
- Your household income is at or below 150% of the Federal Poverty Guidelines, or;
- You have another financial hardship
Appeal applications will be rejected if the proper filing fee is not paid or a fee waiver request is not submitted. It is worth noting that the filing fee does not include payment for your business immigration appeals lawyer in Florida.
Can I represent myself in an AAO Appeal?
You may represent yourself during an immigration appeal to the AAO. But you have to consider that AAO immigration appeals are strict. And immigration law can be complicated and confusing. You should fully understand the process or risk your immigration case application appeal being rejected.
It is in your best interest to seek legal advice from a seasoned Hallandale Beach business immigration appeals lawyer when dealing with AAO. An experienced immigration lawyer is more familiar with the processes and knows exactly how to successfully win an appeal with AAO.
How Long is the AAO immigration Appeal Process?
The AAO appeals are usually resolved within 6 months. However, some cases may take longer. For example, the AAO may require additional documentation, or the case may be more complex and necessitate further review. Generally, immigration appeals are considered in the order in which they are received. In an emergency, you may be able to get your case reviewed more quickly.
To request expedited processing, you must show proof of one or more of the following:
- Delays would result in significant financial loss for a company or individual
- There is an extreme emergency situation
- There is a humanitarian crisis
- An unreasonable delay was caused by a USCIS handling error, which can be corrected by returning the case to its original order
- A nonprofit organization has requested expedited processing in order to advance the United States’ cultural and social interests
- A Department of Defense official or another United States government entity requests expedited processing because a delay would be detrimental to the government
- The USCIS has a compelling interest in expediting the appeal
Your qualified business immigration appeals lawyer can walk you through the appeals process and give you an overall picture of your case. Your immigration attorney can also help you speed up the process.
Do I have to argue a Business Immigration Appeal in Person?
The Administrative Appeals Office usually bases its review entirely on the submitted documents.
The AAO has the discretion to grant a written request for an oral argument in the following circumstances:
- An issue of particular significance is at the center of the case
- The AAO has concluded that it would be in its best interest to receive a supplemental argument
Applicants must request oral argument in writing either:
- When the immigrant, his immigration attorney, or representative files the appeal or motion to reconsider, or when the immigrant files a petition for cancellation of the decision
- Whenever an affidavit or supporting brief is submitted
The request needs to provide a clear and detailed explanation, as well as a written justification, for why the oral argument is required. If the request is granted, the AAO will send a notification informing the oral argument’s time, date, location, and conditions. That may be daunting, but legal representation from a Florida business immigration appeals attorney can be a great help.
Can I withdraw my Appeal?
Appellants have the right to withdraw their appeals before the AAO renders its decision by submitting a written request to the AAO directly by mail or fax.
There is no specific form that the appellant must submit. The appellant must type “WITHDRAWAL OF APPEAL” in the subject line of the cover letter using all capital letters. They must also include the information requested for the case-specific correspondence outlined earlier.
The AAO will provide a written acknowledgment of the request to withdraw. Appellants can’t revoke their withdrawals or submit a motion to reopen or reconsider a withdrawal once it has been made.
What are the Possible AAO Decisions?
The appellant and any representative of record will receive a mailed letter from AAO informing them of the decision regarding their appeal. The decision regarding the appeal is considered final on the date the AAO issues it, unless and until the AAO reopens or reconsiders the decision on motion or a federal court modifies or overrules it. The fact that someone filed a subsequent motion to reopen or reconsider the AAO’s decision does not affect the decision’s status as a final ruling.
AAO decisions have the authority to order any action that is appropriate and necessary for the disposition of an appeal, provided that such action is consistent with the AAO’s authority under the Act, the regulations, and any applicable USCIS policy. Some common appeal outcomes are outlined below.
- Sustain – the AAO may uphold the appeal and order the approval of the application or petition if the appellant demonstrates eligibility for the requested immigration benefit.
- Dismissal – when an appellant fails to establish eligibility for the requested immigration benefit, when the appeal is moot or when the appellant withdraws the appeal, the AAO may dismiss the appeal. When the appellant fails to respond to an Requests for Evidence (RFE) and Notices of Intent to Deny (NOID) by the deadline, the AAO may dismiss the appeal as abandoned.
- Summary Dismissal – when the appeal does not specifically identify any legal or factual error in the original decision, the AAO may summarily dismiss the appeal.
- Reject – the AAO will reject appeals that are improperly filed. Appeals that are denied do not retain their filing date. Improperly filed appeals may include the following:
- Untimely filed appeals;
- With missing or incorrect filing fee;
- Having case types that do not fall under the AAO’s jurisdiction, including appeals of AAO decisions;
- The party submitting the appeal does not have legal standing in the proceeding;
- Form I-290B is not signed; or
- Form I-290B is signed by a representative, but there is no accompanying Form G‑2.
- Remand – it is possible for the AAO to remand a decision back to the office that originally rendered the unfavorable decision so that the office can take additional action and render a new decision.
What if the AAO denies my Appeal?
If you lose an appeal to the AAO, you may be able to file a motion to reopen your immigration case or a motion to reconsider the decision.
You will be required to present new facts to support a motion to reopen. On the other hand, a motion to reconsider is founded on the argument that the application of law or policy was incorrect.
You may not appeal an unfavorable AAO decision to any other body. A USCIS decision can, however, be appealed to a federal appellate circuit court in very rare circumstances. In Florida, the proper circuit court for such appeals is the United States Court of Appeals for the Eleventh Judicial Circuit.
What if filing for an Appeal is not an Option?
In some visa application decisions, no appeal is allowed after a denial. If you are not permitted to file an appeal, you can submit a motion asking that your case be reopened or reconsidered. These motions are distinct from appeals in that, rather than transferring your case to the Administrative Appeals Office (AAO), you are requesting the same entity who rejected your application to reconsider their decision.
Reapply New Visa
The reasons for denial may indicate issues with your original application that do not meet the appeals criteria. That must be addressed as part of a new visa application. Again, seek legal advice from a trusted Florida business immigration attorney to ensure that your new application addresses any issues raised in the previously rejected application.
To reapply, you must submit a new I-129 petition and schedule a new appointment. You will also have to pay the applicable fees again.
How long are you going to wait to reapply? Your immigration lawyer can provide you with the best answer after evaluating your case.
Request For More Information
If your visa is denied through administrative processing, you will be required to provide additional information. A refusal under section 221(g) of the Immigration and Nationality Act (INA) simply means that your application may be denied entirely if you are unable to provide the requested evidence.
To avoid a refusal, you will be given a list of documents and information that you must submit. You should try to get the documents to the consulate as soon as possible. It should not take more than 120 days. It is wise to keep a seasoned business immigration appeals attorney in Florida by your side to guide you in this process.
Alternative Visa Options
There are different visa types appropriate for certain applicants or circumstances. If your visa is denied, you may consider other immigration case options that serve your purpose better. If you want to live permanently in the United States, other visa options may put you on the path to obtaining a Green Card (permanent residence status).
Consult with a Skilled Business Immigration Appeals Attorney
If your visa is denied, you won’t be able to submit an appeal if you have no idea what should be the next step. A well-experienced Hallandale Beach business immigration appeals attorney may be your best hope. There are other options you can consider, and your immigration lawyer can lay them out for you. Their unquestionable experience in immigration law can help you find solutions tailored fit to your concerns.
Call our Experienced Business Immigration Appeals Attorney Now!
If you have recently applied for a business or employment visa and been denied, we understand how frustrating the process can be. You may have many questions right now but not nearly enough responses. If you have been told that you cannot obtain a visa anymore, do not lose hope. There is still a chance!
AmLaw Group can help you receive your sweet second chance. Our qualified Florida business immigration appeals attorneys have successfully helped a significant number of clients whose petitions have been rejected. And you will be next!
The time is ticking. Do not delay reaching out to us to help you realize your dreams. Consult with us now!
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