PRACTICE AREA
When the answer was no
A denial is not always the end. Most immigration decisions can be appealed or challenged by motion — but the deadline is usually thirty days from the date on the decision, and it is not generous.
THE FIRST THING TO KNOW
Check the date on your decision
Almost every route out of a denial runs on a thirty-day clock that starts with the date printed on the decision — not the date you received it, and not the date you opened the envelope. A few extra days are allowed in some cases where the decision was mailed. Appeals filed late are ordinarily rejected without anyone reading the merits. If you have a denial letter, send it to us before you do anything else. Reading it takes minutes, and it tells us which body hears your appeal and exactly how long you have.
An appeal is not a second attempt at the same application. It is an argument that the decision was wrong — because the law was applied incorrectly, evidence in the record was ignored, or the conclusion is one the record does not support. Understanding that distinction is what separates appeals that work from appeals that waste a year.
Where your appeal goes
Two different bodies hear immigration appeals, and which one depends on who denied you. Your denial letter says which — it is the most important page of paperwork you will receive, and the one people most often put in a drawer.
The Board of Immigration Appeals
The Board reviews decisions of immigration judges, and denials of certain family-based petitions. Appeals from an immigration judge are filed on Form EOIR-26, and the Board must physically receive the appeal within thirty days of the decision — a postmark is not enough. Appeals of a denied relative petition go on Form EOIR-29, filed with the office that made the decision.
The Administrative Appeals Office
The AAO is part of USCIS and reviews most other USCIS denials — employment-based petitions, many categories of waiver, T and U visa petitions, and VAWA self-petitions among them. Appeals are filed on Form I-290B, generally within thirty days, with a few extra days where the decision was mailed.
An appeal argues the decision was wrong on the record that already exists. If your real problem is missing evidence, an appeal is the wrong tool — and choosing the wrong tool costs you the deadline.
Motions: the other way out
A motion to reopen is based on new facts, supported by evidence that was not available before. A motion to reconsider argues the decision was legally wrong on the record as it stood. Both ordinarily run on the same thirty-day clock, and for USCIS decisions both use the same form as an appeal. Which one fits depends on whether your problem is missing evidence or a misapplied rule — and we will tell you which yours is at the first conversation.
When there is no appeal
Not every denial can be appealed. A denied application to adjust status generally cannot be taken to the AAO, and decisions of consular officers abroad are largely unreviewable. That does not always mean nothing can be done — a motion, a new filing, or a different route may still be open. But you deserve to hear it straight rather than pay for an appeal that cannot be filed. If the honest answer is that no challenge is worth making, that is the answer we give.
Appeals from cases we did not handle
Most of our appellate work comes from cases that began somewhere else, and there is nothing awkward about that. An appeal is a different exercise from the original filing, and a reader who has never seen the file before is often exactly who spots the error. You are not obliged to return to the attorney who filed the original case. To be clear about what we do: we handle the appeal, the brief, the motion — the written stage. We do not appear at hearings in immigration court. If your matter needs trial-level representation, we will say so at the first conversation and point you toward attorneys who do that work.
What happens after filing
Appellate review runs on months, not weeks — the AAO aims to complete most reviews within about six months of a complete file, and Board timelines vary with its docket. If an appeal to the Board is unsuccessful, a further stage exists in the federal courts of appeals, with its own strict deadline. Whether that stage is realistic in your case is a conversation we will have honestly when the time comes, not a promise we make in advance.
QUESTIONS
Frequently asked
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Ordinarily thirty days from the date printed on the decision, with a few extra days in some cases where it was mailed. The clock does not start when you read it. If your decision is more than a couple of weeks old, contact us the same day — the difference between a filed appeal and a late one is often a single afternoon.
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Yes — most appeals work exactly this way. A fresh reader is often the person who finds the error, and you are not obliged to stay with the attorney who filed the original application.
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No, and this is the most common misunderstanding we correct. An appeal argues the existing decision was wrong on the existing record. If your real problem is evidence that was missing, a motion to reopen or a fresh application may serve you better — we will tell you which at the first conversation.
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That particular denial generally cannot be taken to the AAO. Other options may exist — including a motion — depending on your circumstances. This is worth a short conversation rather than a guess.
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A flat fee, quoted in writing before you engage us; government filing fees are separate. We will also tell you plainly when the prospects do not justify the cost — an appeal with no realistic argument is an expensive way to lose a year.
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No. We handle the written stage — appeals, briefs, and motions. If your case needs representation at a hearing before an immigration judge, we will say so immediately and point you toward attorneys who do that work.
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Yes. The consultation, the correspondence, and the explanation of what your decision actually says are all available in Russian. The brief itself is filed in English, as the law requires — that part is our job.
IMMIGRATION APPEALS · SAN DIEGO
Send us the denial letter
We will tell you which body hears your appeal, how long you have, and whether the argument is worth making. In English or Russian.