To Appeal or To Re-File: That is the Question
When your immigration case is denied, you face a critical decision: should you file an appeal or motion to reopen, or should you re-file your application from scratch? **There's no one-size-fits-all answer**—the right strategy depends on the specific facts of your case, the reason for denial, and timing considerations.
At Zubkoff Law, we're approached all the time with denials, and we can advise which path is best for your specific situation. Here's what you need to know:
Critical Deadline: You can only appeal within 30 days (or 33 days if the notice was mailed) from the date of the denial notice. If it's too late, re-filing is normally the best way forward.
When to Appeal or File a Motion
- USCIS made a legal or factual error in denying your case
- You have new evidence that wasn't available at the time of your original application
- The denial was based on a misunderstanding or misapplication of law
- You're still within the 30/33-day appeal deadline
- Time is critical and you can't afford the delay of re-filing
When to Re-File Instead
- The 30/33-day appeal deadline has passed
- The denial was due to missing or insufficient evidence (not a legal error)
- You now have significantly stronger evidence than before
- Re-filing may be faster and more cost-effective than appealing
- Your circumstances have changed since the original application
Types of Appeals & Motions
Form I-290B: Notice of Appeal or Motion
Used to appeal most USCIS decisions or file a motion to reopen or reconsider. Must be filed within 30 days (or 33 days if mailed) of the denial notice.
Filing fee: $715 (as of 2026)
Motion to Reopen
Asks USCIS to reconsider a decision based on new facts or evidence that was not available at the time of the original decision. Must show that the new evidence is material and was previously unavailable.
Deadline: Generally within 30 days, but exceptions exist
Motion to Reconsider
Argues that USCIS made an incorrect decision based on the evidence that was already in the record. Must show that the decision was based on an incorrect application of law or policy.
Deadline: Within 30 days of the denial
Administrative Appeals Office (AAO) Appeal
For certain types of petitions, you can appeal to the AAO, an independent office within USCIS that reviews appeals. The AAO conducts a de novo review (fresh review) of your case.
Processing time: 6-12 months
Denial Cases We Handle
I-130 Family Petition Denials
Relationship not proven, insufficient evidence, fraud concerns
I-485 Adjustment of Status Denials
Inadmissibility issues, marriage fraud allegations, missing evidence
I-601/I-601A Waiver Denials
Insufficient extreme hardship evidence, criminal inadmissibility
I-751 Removal of Conditions Denials
Marriage not proven, divorce complications, insufficient joint evidence
N-400 Citizenship Denials
Continuous residence issues, good moral character concerns, failed tests
VAWA Self-Petition Denials
Insufficient abuse evidence, relationship not established
Why Choose Zubkoff Law for Appeals & Denials?
We're approached all the time with denials and can advise which path is best for your specific situation. When other attorneys say no, we say yes.