RFE’s & Appeals 290B
When your immigration case is denied, we file motions to challenge the decision based on new evidence or legal errors.
Taking Action After an Immigration Case Denial
When your immigration case is denied, we file motions to challenge the decision based on new evidence or legal errors.
Evidence & Documentation
Motions to Reopen / Reconsider
Not every denial is final. If USCIS, Immigration Court, or the Board of Immigration Appeals denies your application, you may be able to challenge that decision through a motion to reopen or motion to reconsider.
A motion to reopen asks the decision-maker to reconsider based on new facts or changed circumstances. A motion to reconsider argues that the decision-maker made a legal error or misapplied the law. The distinction matters because different standards apply to each type of motion.
Motions have strict deadlines: typically 30 days for USCIS decisions and 30 to 90 days for immigration court and BIA decisions. These deadlines are rigid, and missing them can mean losing your opportunity to challenge the denial. We work quickly to evaluate whether a motion is appropriate and file within the required timeframes.
Not every denial warrants a motion. Sometimes appealing to a higher authority, refiling with additional evidence, or pursuing alternative immigration options makes more sense. We review your case realistically, explain your options, and recommend the strategy most likely to achieve your goals.
When a motion is the right approach, we build a strong legal argument supported by new evidence, legal analysis, or changed circumstances. We ensure every filing meets procedural requirements while presenting the strongest possible case for reopening or reconsideration.
Evidence & Documentation
Responding to Requests for Evidence (RFE)
A Request for Evidence from USCIS means they need additional information before they can approve your case. RFEs can be intimidating, they often run several pages long and ask for extensive documentation on tight deadlines, but they’re also an opportunity to provide exactly what USCIS needs to approve your application.
The key to a successful RFE response is understanding what USCIS is really asking for and why. Sometimes the request is straightforward: they need updated documents, additional financial records, or clarification about specific facts. Other times the RFE signals deeper concerns about eligibility, credibility, or whether you’ve met the legal requirements.
We analyze RFEs carefully to determine exactly what USCIS wants and why they’ve raised these concerns. We develop a response strategy that addresses every point comprehensively while strengthening the overall case for approval.
RFE responses require gathering documents, drafting detailed explanations, obtaining letters or declarations when necessary, and organizing everything into a clear, persuasive response package. We handle this process systematically, ensuring your response directly answers each question USCIS has raised.
Timing is critical. USCIS typically gives you 30 to 87 days to respond, and if you don’t respond by the deadline, they will deny your case. We work efficiently to prepare thorough responses within these timeframes.
Some RFEs indicate that USCIS is likely to deny your case unless you provide particularly compelling additional evidence. We tell you honestly what we think about your chances and work with you to strengthen your case as much as possible.
Records & Transparency
Freedom of Information Act (FOIA) Requests
Sometimes you need to see exactly what’s in your immigration file. Whether you’re trying to understand why a previous case was denied, gathering documentation for a new application, checking for errors, or preparing for removal proceedings, obtaining your complete immigration file can be essential.
The Freedom of Information Act gives you the right to request records that government agencies maintain about you. For immigration purposes, this typically means requesting files from USCIS, CBP, ICE, or other DHS components. These records can include all applications you’ve filed, background check results, interview notes, internal communications, and other documents the agency has compiled.
We file FOIA requests that are specific enough to get you the records you need while comprehensive enough that you don’t miss important documents.
We follow up on delayed requests and help you interpret the records once you receive them, explaining what the documents mean for your current or future immigration cases.
In some situations, agencies withhold portions of your records based on exemptions. We help you understand what’s been withheld and whether it’s appropriate to appeal.
Having complete information about what’s in your immigration file can be crucial for making informed decisions about your case.
FAQ
Frequently Asked Questions
What is a Request for Evidence?
A Request for Evidence, or RFE, is a notice from USCIS asking for more documents or information before deciding the case.
What happens if USCIS denies my adjustment of status application?
The consequences depend on the case. USCIS may deny the application, and the person may need to refile, appeal, file a motion, or address removal proceedings depending on the situation.
Can I appeal an adjustment of status denial?
Sometimes there may be options, including a motion to reopen, motion to reconsider, refiling, or review in immigration court if the person is placed in removal proceedings. The correct strategy depends on the denial reason.
Does getting an RFE mean my case will be denied?
No. Receiving a Request for Evidence (RFE) does not mean your application will be denied. U.S. Citizenship and Immigration Services (USCIS) routinely approves cases after applicants successfully submit the missing documentation.
Can I ask for more time to respond to an RFE?
In most cases, USCIS will not grant an extension to an RFE deadline. The timeframe provided in the official notice is strict, which is why it is critical to act quickly and begin gathering the requested documents the moment you receive the RFE in the mail.
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