An Immigration Appeal Lawyer Offers Hope To Applicants

The path to building a life in the United States can be exhilarating, filled with anticipation for a brighter future. However, the immigration process can lead to unexpected turns. One of them is receiving a decision from USCIS that doesn’t align with your hopes.

Before the fear of a deportation order sets in, it’s essential to understand all your options. While an appeal may seem like the only course of action, there may be hope with your application if the USCIS only sends a Request for Evidence (RFE).

This guide will navigate you through both scenarios, explaining what an RFE entails and empowering you to respond effectively. You will also delve into the appeals process, providing you with the knowledge to make informed decisions. With the help of an immigration appeal lawyer from Abogada Kate, you can continue your pursuit of a successful immigration journey.

What Happens When You Receive A Request For Evidence (RFE)?

The pursuit of a life in the United States is a well-trodden path, but one that can occasionally encounter unexpected detours, like a Request for Evidence (RFE). While receiving it can be cause for concern, it’s crucial to understand that it’s not a denial but an opportunity to bolster your application.

The USCIS sends an RFE if additional information regarding your petition is required. This could be due to missing documentation, insufficient evidence of eligibility, or inconsistencies within your application. The request clearly outlines the specific information USCIS needs, allowing you to address shortcomings and strengthen your case. By promptly and thoroughly responding to it, you can ensure your immigration journey continues smoothly.

What Are The Reasons The USCIS Sends An RFE?

USCIS issues RFEs for several reasons, and understanding these can assist you as you navigate the situation effectively. Break down the most common reasons for the request to craft a strong response and ensure your immigration journey stays on track.

Missing Or Incomplete Documents

USCIS has specific document requirements for each type of immigration application. If you neglect to include any essential documents on the checklist, you’ll likely receive an RFE. Examples of missing documents could be birth certificates, marriage certificates, proof of financial support, or specific tax documents.

Additionally, leaving sections blank, providing incomplete information, or making errors when filling out forms can trigger an RFE. Double-check all forms for missing data, typos, or inconsistencies. Pay close attention to instructions and use clear, concise language.

No Proof Of Financial Capacity

USCIS wants to ensure that sponsored immigrants are not likely to become a public charge or a burden on the US social welfare system. By requiring proof of sufficient income from your sponsor, they aim to establish their ability to financially support you without relying on government assistance.

Your sponsor’s income needs to be at least 125% of the federal poverty level for your household size. If your sponsor’s income falls below this threshold, you will likely receive an RFE. However, in cases where they earn enough, unclear or incomplete tax returns, pay stubs, or other income verification documents can also trigger a request.

No Proof Of Legal Entry

A core requirement for most immigration benefits is lawful entry into the US. Without sufficient documents to prove it, USCIS can’t be certain of your immigration status and may send an RFE. They may request copies of your US-stamped passport, Customs and Border Protection (CBP) form, or your Form I-94.

Missing Document Translation

USCIS processes applications in English. If a document supporting your application is in a foreign language, it must be accompanied by a certified translation to ensure accuracy and understanding. This helps the agency make informed decisions based on the complete picture provided by all your documents.

While a Request for Evidence (RFE) is a common hurdle during the immigration process, it’s not the only potential roadblock. In some cases, USCIS might issue a denial notice instead. This can be due to various reasons, such as ineligibility for the specific benefit sought, inconsistencies or inaccuracies in the application, or security concerns.

Receiving a denial can be disheartening, but it’s not necessarily the end of the road. Depending on the reason, you might be able to consider alternative immigration pathways with the guidance of an immigration attorney.

What Happens When You Receive A Denial?

A denial of your application doesn’t have to be the end of your journey. Explore your options for an appeal and strategize for a successful path forward.

Administrative Appeals Office

The Administrative Appeals Office (AAO) acts as a reviewer for certain denied applications and petitions within the U.S. immigration system. If you receive an unfavorable decision from the USCIS, you can challenge it by filing a notice of appeal to the AAO.

While not all denials can be appealed to the AAO, they handle a wide range of immigration benefits, including employment Visas, fiance(e) petitions, and Temporary Protected Status (TPS). It’s crucial to consult with your immigration appeal lawyer to understand your options.

Board Of Immigration Appeals

The Board of Immigration Appeals (BIA) serves as the final stage within the administrative process for challenging immigration decisions. Unlike the AAO, which handles USCIS denials, the BIA reviews appeals from immigration judges’ rulings. You have a strict deadline of 30 days from the time of the judge’s decision to file your appeal.

An appeal with the BIA hinges on presenting new evidence or demonstrating a change in circumstances. Here are some common grounds for filing:

• Newly discovered evidence.
• Change in circumstances.
• Legal error.
• Erroneous factual finding.

The BIA can uphold, overturn, or remand the immigration court’s decision. If unsatisfied with the verdict, you may have to consider an appeal to federal court. 

What To Do If BIA Denies Your Appeal?

A BIA denial of your immigration appeal isn’t an automatic defeat. You still have legal options to fight for your case. Here’s a starting point on what you can do.

Federal Appeals

If the BIA rejects your immigration appeal, don’t lose hope. You may still be able to fight for your case in federal court. This process, called a petition for review, challenges the BIA’s decision before the Court of Appeals, which has jurisdiction over your case. You typically only have 30 days from the BIA’s decision to file your petition. 

Consulting an immigration appeal lawyer is essential to navigate the complexities and improve your chances of success. They can help you identify legal errors in the BIA’s ruling and craft a compelling case for the federal court’s review.

Supreme Court

In rare instances, immigrants can petition the U.S. Supreme Court for review. This is a complex process with limited chances of success. However, it is possible if the BIA’s decision involves a significant question of federal law or violates your constitutional rights.

To convince the Supreme Court to hear your case, you’ll need strong legal arguments demonstrating the national importance of the issue. This could involve a conflict between lower court decisions on immigration law or the BIA’s interpretation, potentially harming a large group of immigrants.

How Can An Immigration Appeal Lawyer From Abogada Kate Help?

The path to U.S. citizenship can be riddled with complexities. Requests for Evidence (RFEs) and appeals of denied applications are hurdles many immigrants face. Our immigration lawyers can be your guide through these challenges. Our team can meticulously review the RFE, identify missing elements, and ensure you submit the necessary evidence to strengthen your case. We can also craft compelling responses that address the USCIS’s concerns.

In cases of denials of an application, an appeal might be possible. Our immigration attorney can analyze the denial notice, pinpoint the reasoning behind it, and assess the viability of an appeal. We can then build a strong case, gather supporting evidence, and represent you throughout the process, ensuring adherence to deadlines and proper legal procedures.

Abogada Kate understands the emotional toll the immigration process can take and provides guidance and support throughout the journey. We offer invaluable knowledge and representation, which can significantly lift your fear of removal proceedings and increase your chances of a successful outcome.

Summary

The road to building a life in the United States can be filled with unexpected turns. One such detour is a Request for Evidence (RFE) from USCIS. It’s not a denial but a request for additional information to strengthen your application. An immigration appeal attorney can help you navigate this by identifying missing elements and ensuring you respond promptly with the necessary documents.

In instances when applications lead to a denial, don’t lose hope because there are different appeal options. You may file a petition to the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), depending on your circumstance. If BIA denies your appeal, you can consider a petition for review in Federal Court, and in rare cases, you might even petition the Supreme Court.

No matter what stage you’re at in the immigration process, an immigration attorney can be your guide. Abogada Kate can significantly increase your chances of success, whether addressing an RFE or navigating the complexities of an appeal.