Appeals and Motions to Reopen
We represent clients throughout the country in Appeals and Motions to Reopen cases with USCIS and the Board of Immigration Appeals.
Appeals and Motions to Reopen may be necessary where USCIS or the Immigration Judge has denied your initial application for immigration benefits or relief from removal. In some cases, appeals are like having second chance of convincing USCIS or a Judge that you are entitled to the Immigration benefit that you applied for. However, appeals are not handled in the same way as the original application. To complicate things further, the lawyer who represented you in the original case may not be representing you in the appeal or motion to reopen, or maybe you filed the application on your own.
Generally, in your appeal, you will have to show that an error was made by the officer or Judge that made the initial decision on your case. Perhaps the officer or the Judge failed to give proper consideration to certain facts or evidence that you presented or applied the wrong legal standard, regulation, or law to the facts of your case. If so, this would constitute grounds for an appeal and a reversal of the original decision.
You may also have new evidence or changed circumstances to present in support of your appeal. If this is the case, we can file the new evidence with the appeal, or, if appropriate, file a Motion to Reopen the case and ask that the new evidence be considered. This is where we can be of assistance to you and try to help get your case back on track so that you qualify for the immigration benefit or relief from removal that you applied for in the first place.
When you hire us, Attorney Hummel will work on your appeal from start to finish and give your case all the time and attention it deserves. An analysis will be done to determine what happened in the proceeding below and a strategy will be developed and arguments will be made as to why your case was not decided correctly by the Court or USCIS. Just because your case or application was denied does not mean that it was correctly decided.
If you need representation in your Appeal or Motion to Reopen, call South Florida Immigration Lawyer Sean D. Hummel at (954) 385-3111.