Administrative Appeals

Administrative Appeals Attorneys in Skokie

Handling Appeals Nationwide

If your application or petition for a visa was declined or revoked, you still have the option to file an appeal. Appeals are filed through the Administrative Appeals Office, a division of the USCIS.

The Administrative Appeals Office holds jurisdiction over your visa application. Before you file for an appeal, it is in your best interest to consult with an attorney at Gambacorta Law. Our administrative appeals attorneys in Skokie can assist in filing your appeal, represent you during your hearing, and work as your advocate.

Get started on your case by calling us at (847) 443-9303.

How Does the Administrative Appeal Process Work?

Administrative appeal can only be filed with the offices that made the original decision. These are subject to strict deadlines and must be filed with the appropriate fee in order for them to be accepted. You only have 30 days to file your appeal; therefore, it is important that you meet with an attorney as soon as possible.

The appellate authority will review your application and take one of three actions:

  • Agree with the details in your appeal, resulting in a reversal of the original decision.
  • Disagree with the appeal, resulting in an affirmation of the original decision.
  • Send the case back to the original office so that it can be reviewed and reconsidered.

file an administrative appeal or a Reconsideration?

You do not always have to file an appeal. In fact, you can file a motion to reopen or reconsider your case. This then sends the application back to the original office and opens the file for reconsideration.

You will need to present evidence as to why you feel you are eligible for reconsideration, including supporting documentation. The letter of denial you receive is often detailed as to why your application was denied; therefore, you need supporting information to disprove those reasons.

Challenging Local U.S. District Courts or Appealing via the U.S. Board of Immigration Appeals

If you receive an unfavorable Administrative Appeals Office decision and have already been denied on your appeal, you may still bring your case in front of the local U.S. District Courts as well as the Board of Immigration Appeal.

Commonly Asked Questions On Immigration Appeals

What Is An Administrative Appeal?

An administrative appeal is a process that allows individuals to challenge a decision made by a federal agency, such as USCIS, by requesting a review of that decision by a higher authority, such as the Administrative Appeals Office (AAO).

How Do I Know If I Can File An Appeal?

You can file an appeal if you receive a denial or adverse decision from USCIS or another federal agency and believe the decision was incorrect. Review the decision notice you received; it typically includes instructions on how to appeal, including deadlines and required forms.

What Is The Deadline For Filing An Appeal?

You generally have 30 days from the date of the decision notice to file your appeal. The deadline can vary depending on the type of case, so it's crucial to check the specific instructions provided in the decision notice.

How Should I Prepare My Appeal?

Your appeal should include a detailed explanation of why you believe the decision was incorrect, supported by evidence such as documents, affidavits, or expert opinions. It should address all the reasons stated in the denial letter and provide additional information that supports your case.

Do I Need An Attorney To File An Appeal?

While it is possible to file an appeal on your own, having an attorney can greatly improve your chances of success. Our immigration attorneys at Gambacorta Law can help you navigate the complex legal requirements, prepare a strong appeal, and represent you before the appeals office. Contact us!

How Long Does It Take To Get A Decision On An Appeal?

The time it takes to receive a decision can vary widely, depending on the complexity of the case and the caseload of the appeals office. It can take several months or more. You can check the status of your appeal online or contact the appeals office for updates.

Click here to find out more information about administrative appeals.

Why You Need a Trusted Immigration Attorney

While you could fill out your application for an appeal on your own, these often require detailed knowledge of immigration law. A denial is difficult to fight in court; therefore, you need an attorney who understands immigration law as well as the administrative appeals process.

Gambacorta Law has extensive knowledge of the Administrative Appeals Office procedures and can help you file your appeal or represent your case in front of the Board of Immigration Appeal.

The benefits of working with our administrative appeals attorneys include:

  • Thorough understanding of administrative law
  • Strategic approach to building a strong case
  • Effective communication with government agencies
  • Proven track record of successful appeals
  • Personalized attention and support throughout the process

Don't navigate the immigration administrative appeal process alone.

Reach out today! Call (847) 443-9303 to speak with one of our immigration attorneys in Skokie during a no-obligation consultation.

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