The United States welcomes immigrants from all over the world each year; however, there are some situations where an immigrant’s application is denied. Fortunately, there may be an opportunity to appeal the decision.
Application denial
An application may be denied for several reasons. These include ineligibility for the visa or immigration category they applied for, a history of serious crimes, a medical condition that is a public health risk, or if they have previously violated an immigration law like overstaying a visa.
The application may also be denied if it is not complete, if the applicant provided false or fraudulent information, or if there are security concerns about the applicant. The applicant will receive a notice of denial and may have a right to appeal the decision.
Appeals process
The Board of Immigration Appeals (BIA) reviews immigration appeals. The applicant will have an opportunity to explain why they believe their application should have been approved. Usually, this is done in writing.
If the BIA agrees, it will reverse the decision to deny the application. If it does not agree, it will uphold the decision. If the applicant disagrees with the BIA’s decision, they may be able to file a petition for review with a federal appeals court.
Applicants should be aware that there are time limits for appeals. Usually, the appeal must be filed within 30 days of receiving the denial. If the applicant misses the deadline, they may lose the right to appeal.
The immigration appeals process can be very complex. If an applicant needs assistance, there is help available.
