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How can I appeal a 526 petition decision made by USCIS?

If my I-526 petition is denied, may I request to reopen the case? What steps do I need to take to get USCIS to reconsider their decision?

Answers

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    Charles Foster

    Immigration Attorney
    Answered on

    If your EB-5 Investor Petition on Form I-526 is denied by the USCIS, you may either file a Motion to Reopen and Reconsider, or you may also file an appeal or take action in a United States District Court.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Yes, you can file Form I-290 within 30 days of denial depending on the issues for denial. Please work with an experienced immigration attorney to do this.

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    Irina Rostova

    Immigration Attorney
    Answered on

    Yes, you have to file an I-290 within 30 days from the denial. You can have up to 30 additional days after that to send in a legal brief and new evidence. You should retain legal counsel to represent you. If you used a Regional Center, then you must notify the Regional Center that you are filing an appeal. Otherwise, they can withdraw the sponsorship of your petition.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Regarding reopening your case, it can only be done if you have new evidence that warrants doing so. On the other hand, if you want to ask for reconsideration, it should only be done if you can prove that the decision you are appealing was wrongly decided; that is, you must argue the governing law was wrongly applied. Both forms of appeals rarely succeed once a petition had been found to be unapprovable. Thus, consider refiling your petition. It is advisable that you should first consult an attorney for a proper evaluation of not only the reasons for denial but also your potential for winning if a new petition is filed.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Of course, you may appeal to the Administrative Appeals Office or to the Court. The likelihood of success would depend on why your I-526 was denied. Sometimes, it may be better to start fresh with a new filing. Please consult with an experienced EB-5 attorney.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You can file a motion to reconsider within 30 days of the decision. In the denial notice, you should have been provided with information on filing the motion.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can file an appeal within 30 days. If you have new evidence, a motion to reopen, or if you think the law was wrongly applied, a motion to reconsider. Statistics on appeals are very poor so you may want to consider addressing the issue of concern and refiling.

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