- they can file an I-290B appeal
- we could refile
We’re gonna go into detail about that a little bit.
One option is filing an appeal. If you feel like the officer made some errors in their decision then you can appeal and it’ll go to the AAO (Administrative Appeals Office) and another set of eyes will look at the decision. Now it’s important to contact an immigration attorney as soon as possible because you have very limited time to file the appeal so you want to do that immediately.
In that situation you can address the erroneous reasons that were made in the denial so in this situation what we normally do is we prepare a detailed legal brief addressing the reasons for the denial and why we think those reasons are not accurate. Another option is to refile a case if some new facts came out – so for instance let’s say you’re a United States citizen and you have a new United States citizen child: that would be a new factor of exceptional hardship. You can refile the case and include that new factor there to try to get an approval based off of the new additional factor that your new child being born and the hardship that would create with having a child in the picture.
If you are going to refile I would recommend having some new factors of hardship to discuss.
If you’re going to spend this significant amount of time because you have to go through the whole filing process again and of course the money that it’s going to take to refile as well, you don’t want to just refile based off of the same situation. Now every case is unique so that would be up for your attorney to decide by evaluating the facts of your case.
Sometimes it might even make sense to refile, it’s just important to get this evaluated by an immigration attorney as soon as possible, as soon as you get a denial, that way you are able to have time on your side rather than against you. I want to thank you for tuning in to get your questions answered – thank you and have an awesome day!