Individuals who have received an unfavorable decision in their U.S. immigration case, such as an application denial, have, in most instances, the right to bring an administrative appeal. However, this right does not last forever. Rather, there are strict deadlines for requesting such an appeal.
Thus, time can very much be of the essence when one has received an unfavorable immigration decision. A person in such a situation should not delay in getting a firm understanding of their options and rights. This is one reason why promptly contacting an experienced immigration law attorney can be so critical in these situations.
What is the deadline for filing for an administrative appeal in an immigration case?
For many types of cases, the deadline is 30 days following the date of the unfavorable decision.
There are certain types of cases that have different deadlines for appeal requests. For example, the deadline for requesting an appeal of an approved immigrant petition revocation is 15 days following the date of the revocation decision. Additionally, some deadlines may be several days longer if the decision was sent by mail.
Being aware of what specific appeal request deadline applies is very important when a person has received an unfavorable immigration decision. Details on the deadline in their case are generally included in the notice a person receives of the unfavorable decision. If a person is at all confused about what deadline applies to them, they should consider promptly asking an immigration attorney about it.
Source: FindLaw, “Administrative Appeals with the USCIS,” Accessed Dec. 8, 2015