If an immigration benefit is denied, the applicant may file a motion to reopen with the United States Citizenship and Immigration Services District Director who denied the application. Motions to reopen may be filed in two circumstances (1) evidence that was not previously submitted, is now being filed with the motion (motion to reopen); or (2) the officer incorrectly applied the law, and you seek a reconsideration of your case (motion to reconsider).
Case Denied Due to Abandonment
If your case was denied because you failed to Respond to a Request for Evidence, USCIS will generally reopen your case if one of the following occurred:
- The evidence USCIS requested was not material, therefore, the case should be reopened.
- You provided the requested evidence to USCIS in a timely manner and have proof that the evidence was delivered to USCIS.
- Your case was denied because the Request for Evidence was sent to the wrong address, and you provided USCIS with your correct and most recent address. The reason for the denial due to abandonment was that USCIS requests were sent to the wrong address, which was different from the address of record.
Who Can File a Motion to Reopen?
Generally, only the petitioner may file an appeal or motion of a denied or revoked visa petition. If you are the beneficiary, generally you cannot file an appeal or motion unless you are both the petitioner and the beneficiary (for example, you are a VAWA self-petitioner, the widow(er) of a U.S. citizen, or otherwise authorized to file a visa petition (including a Form I-140, Immigrant Petition for Alien Worker) for yourself).
Contact Yekrangi & Associates Today
It may be difficult to determine whether a Motion to Reopen is right for you, let us help. For more information, contact the Orange County Immigration Attorneys at Yekrangi & Associates today. We will fight for you. Yekrangi & Associates works to meet a higher standard. Our first goal is your satisfaction. Contact us at (949) 478-4963 to schedule a consultation or complete our convenient “Get Your Consultation” form here. We are located in Irvine, California.