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:

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