Post-Denial Strategies: How to Get From 'No' To 'Yes'

10 Pages Posted: 11 May 2020

See all articles by Diane M. Butler

Diane M. Butler

Davis Wright Tremaine

Leslie K. Dellon

American Immigration Council

David Isaacson

Cyrus D. Mehta & Partners, PLLC

Stephen Yale-Loehr

Cornell University - Law School

Abstract

U.S. Citizenship and Immigration Services (USCIS) seems to be denying more petitions than ever these days. Cases that were solid approvals a few years ago now are receiving denials, even though the law and regulations have not changed. But don’t give up hope. Opportunities exist to overcome denials.

This practice advisory focuses on post-denial strategies for petitions filed with USCIS, not strategies in immigration court. The article discusses motions to reopen, motions for reconsideration, appeals to the USCIS Administrative Appeals Office (AAO), and litigation. This practice advisory also discusses when filing a new petition may be a better option, and how the beneficiary’s status, including unlawful presence, may affect the options.

Keywords: U.S. Citizenship and Immigration Services, USCIS

Suggested Citation

Butler, Diane M. and Dellon, Leslie K. and Isaacson, David and Yale-Loehr, Stephen, Post-Denial Strategies: How to Get From 'No' To 'Yes'. Cornell Legal Studies Research Paper Forthcoming. Available at SSRN: https://ssrn.com/abstract=3594810 or http://dx.doi.org/10.2139/ssrn.3594810

Diane M. Butler

Davis Wright Tremaine ( email )

Suite 2300
1300 SW Fifth Ave.
Portland, OR 97201
United States

Leslie K. Dellon

American Immigration Council ( email )

1331 G St. NW
Suite 200
Washington, DC 20005
United States

David Isaacson

Cyrus D. Mehta & Partners, PLLC ( email )

ONE BATTERY PARK PLAZA, 9TH FLOOR
New York, NY 10004
United States

Stephen Yale-Loehr (Contact Author)

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

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