Appeals and Motions to Reopen or Reconsider
If you have lost your deportation/removal case, have had your naturalization application denied, your labor certification denied or your visa petition denied, you may be eligible to file an appeal or a Motion to Reopen or a Motion to Reconsider your case, leading to a more favorable outcome.
Appeals are generally allowed where the government agency has incorrectly applied the law, misinterpreted the facts in your case, or new evidence has become available.
Motion to Reopen is generally allowed in cases where an Appeal is not allowed, and when there are new facts, changed conditions, or exceptional circumstances.
Motion to Reconsider is generally allowed where the government agency made a legal error or there is a change in the law.
Usually the Petitioner has between 30-33 days to respond to a denial, otherwise failure to make a timely response makes the decision issued by the government final.