Can I Complain to USCIS or Appeal a Denial?

11 Sep 2018

Is there a way to complain to the USCIS if they do deny?

There is an official appeals process and you would normally use to file an appeal. Appeals don’t overturn a decision very frequently. The types of criteria that have a great chance of appeal are if something was objectively in error on the USCIS’s part. Like for example, you were denied for not being a US citizen, when in fact you are a US citizen petitioning for a fiance. This type of thing has a much better chance of appeal than something subjective – like proving a bona fide relationship.

In the majority of cases we see, it’s almost always faster and more cost-effective to simply re-apply and start over than it is to appeal. If you appeal, often times you will need the help of an immigration attorney, upwards of $10,000 in cost, and also sometimes even more time than simply starting over. Lawyers will charge you their fees whether or not they win your appeal – so be prepared for more disappointment if you take that route.

If you do re-apply, we highly recommend that you wait until circumstances in your situation change substantively before doing so. Without a change in circumstances, a new agent would easily deny the case again.

Examples of changing circumstances that could happen before re-applying makes sense:

Disclaimer: The contents of this post were accurate to the best of our knowledge at the time of publishing. Immigration is constantly changing, and old information often becomes outdated, including procedures, timelines, prices, and more. Take note of the publish date. For archival purposes, these posts will remain published, even if new information renders them obsolete. Do not make important life decisions based on this content. No part of this post should be considered legal advice, as RapidVisa is not a law firm. This content is provided free of charge for informational purposes only. If anything herein conflicts with an official government website, the official government website shall prevail.

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