Help, My case Has Been DENIED! Should I Appeal or Refile?
So you just received that dreaded denial regarding your immigration case and you are not sure what to do. Here are a few things you should consider before you decide what to do.
The Reason for the Denial
In order to determine whether you should refile or appeal you need to understand the basis for your denial. If the denial was based on a simple technicality, such as not including the filing fee or forgetting to sign the application, then just correct the mistake and resubmit your application. If your application was denied on more substantive grounds such as fraud, lack of evidence, major discrepancies, failure to respond to prior notice, or request then you should contact an immigration attorney to help you assess the merits of your case. Depending on the facts of your case a new filing will be the best solution. However, in certain instances, an appeal is necessary to officially rebut negative findings that could impact future filings. For example, you can refile a new application and receive another denial based on issues raised in the prior denial.
The Time Frame for Response
The denial letter will indicate the proper procedure and allotted time that you have to respond to the decision. In most cases, you are given at least 30 days from the date of the letter. Depending on your situation, 30 days may not be enough time (i.e. if you need to obtain documents from a foreign government or contact an estranged ex-spouse). A delayed response after the prescribed time is usually rejected unless you can show that the delay was due to a reason beyond your control. A delayed response after the prescribed time is usually rejected unless you can show that the delay was due to a reason beyond your control.
Availability of Required Evidence
As suggested above, the evidence required to overcome a denial may not be readily available so it might be better to just refile when you have the appropriate documentation. If you cannot obtain the required evidence you may be able to submit a letter from the official office stating the reason that the document is not available.
Whether you choose to refile or appeal you will still have to pay the filing fees for each option. Depending on your case an appeal might be cheaper than the original filing fees. If you are successful on the appeal then you avoid paying new application fees. It is critical now, more than ever, to speak with an immigration attorney to assess the specifics of your case and guide you through your options. Contact us if you or someone you know is in need of immigration assistance, click here to schedule an appointment!