U.S. Citizenship and Immigration Services, USCIS
U.S. Citizenship and Immigration Services (USCIS) seems to be denying more petitions than ever these days. Cases that were solid approvals a few years ago now are receiving denials, even though the law and regulations have not changed. But don’t give up hope. Opportunities exist to overcome denials.
This practice advisory focuses on post-denial strategies for petitions filed with USCIS, not strategies in immigration court. The article discusses motions to reopen, motions for reconsideration, appeals to the USCIS Administrative Appeals Office (AAO), and litigation. This practice advisory also discusses when filing a new petition may be a better option, and how the beneficiary’s status, including unlawful presence, may affect the options.
Butler, Diane M.; Dellon, Leslie K.; Isaacson, David; and Yale-Loehr, Stephen W., "Post-denial Strategies: How to Get from "No" to "Yes"" (2019). Cornell Law Faculty Publications. 1722.