What is the difference between an appeal and a motion?

On Behalf of | Nov 30, 2020 | Visas

If you intend to immigrate to Georgia, you will need to submit an application. This process alone feels harrowing enough, but what happens if you face a denial? Is there any way for you to fight it?

When the USCIS gives their decision, your letter should contain information about appeals. But even if you cannot appeal, you are not entirely without options.

Are you eligible to appeal?

The U.S. Citizenship and Immigration Services discusses what you can do about a denial. First, check the letter to see if you are eligible to appeal the decision. If eligible, you will also find information on where you can file your appeal.

You can often appeal to the USCIS Administrative Appeals Office (AAO). You may also appeal to the Board of Immigration Appeals (BIA), which is part of the Department of Justice. If they do not reverse the decision, you may be able to continue appealing your case. You can take it to the Supreme Court. After this point, there is no higher authority to appeal to. Their decision is final.

What is a motion?

But what happens if you do not have the chance to appeal? In this case, you can file a motion. You do not need to be eligible for an appeal to do this. A motion involves sending a request to the USCIS office that handed down the unfavorable decision. You do not appeal to a different authority, which is a primary difference between motions and appeals. You can file a motion to reopen your case or to reconsider the decision. The success of a motion depends on your unique circumstances, but a legal professional can help you navigate the situation.