Appealing a Temporary Visa Denial
People who are wanting to gain legal entry into the United States often find the legal process of dealing with the government to be a frustrating procedure. Individuals are routinely denied a temporary work visa for a wide variety of reasons, often because of a lack of documented or verifiable evidence. Since material case facts in a petition cannot be modified after the application is officially received, many denied applicants merely file a following new petition with more effective information. In addition, the petition denial is largely an arbitrary and final decision because the deportation order is initiated immediately. However, there is an appeal process in some cases that is more effective for some work card applicants.
Read Your Denial Carefully
The right to an appeal in a temporary worker card denial is not allowed in all situations. Your denial will usually state why the petition was turned down, and more importantly it will state whether the applicant can appeal and how to do so. The petition can then be transferred to the USCIS Appeals Office for a reevaluation and legal inspection. The appeal is basically a request to reconsider the petition since no new facts may be presented. Any additional information should be included in a new petition if necessary.
How an Immigration Attorney Can Help
Sometimes it is best to begin the whole immigration petition process with the benefit of legal counsel who can offer advice on how to submit a successful application. The government often makes these decisions based on sketchy information and in a quick fashion. Having an attorney shows to the USCIS that you are serious about having legal residency status and would be a low risk work visa holder. In addition, visas are often denied based on a technicality that a novice applicant would not realize. Your attorney can address all of the points in a petition and build a sound argument as to why you would be a good candidate for approval.
