what if your case is denied by uscis and
now you have to leave the country
because you're out of status well your
only option left is to do a motion to
reopen a motion to reconsider and appeal
or sue the government and all of these
sound very similar but also different
and you're reading it online it's still
kind of confusing so i'm going to use
success stories to help differentiate
between each of them and to show you
exactly how to do it so you can win
let's get to it
hi everyone this is joseph i'm the
managing partner here at john associates
where we solve legal problems with
creative solutions so the legal problem
is the case was denied unjustly unfairly
and now you are in the u.s
illegally so what do you do well first
when you file a motion to reopen what
that essentially is is telling the uscis
telling the government
please reopen my case i'm providing you
more documents that you didn't have
before i couldn't get it before but you
really need to review it or else i'm
really in big trouble for example
our client they flew into the u.s and
they filed the adjustment of status but
they didn't provide their birth
certificate because they were born
before the country was even existed in
this case it was china usa has rejected
the case because you should have your
birth certificate
and then
the client found us to say can we do a
motion to reopen for them we provided
all this historical lesson explaining
why there's no way that they could get
this birth certificate and you know we
did so much talking about world war one
world war ii and how china was born how
this clan was born it was all very
interesting well uscis accepted this
reopened the case and then approved it
for them right so that is motion to
reopen the second option is to do a
motion to reconsider this one you don't
provide more evidence you're telling the
government you got the law wrong this
happens very very often especially for
more discretionary cases things that
it's every officer might adjudicate a
little bit differently and then they're
obviously not using the right factors to
review your case right i mean we've all
been there one officer says no but
another one says yes
seems so arbitrary well if you have the
law clearly stated that's in your favor
you can fight them on that you can
challenge them on that so let me give
you an example one of our clients they
filed for adjustment and they were about
to get their green card and the officer
says no
back 10 years ago you were illegal at
this point in time and even though
you've corrected that error but because
of that unlawful presence we're denying
you you need to file for a waiver they
came to us sobbing because they thought
they were legal they graduated ucla
they're about to have a really good
doctorate degree but then now they can't
and it was it was a very miserable
situation i looked into the case for
them and i found out a new memo that
came out it says if uscis reinstated you
at one point then it basically corrects
all the wrong that happened before that
we found that memo we plugged it in we
filed a motion to reconsider the case
was approved everybody's really happy
right so that's the motion to reconsider
so that brings us to the last option
filing an appeal or suing the government
this is your only chance to take it
outside of usa as the agency right so
let me give you an example
if you why don't we just keep on filing
motion to reopen or a motion to
reconsider because it goes back to the
same officer that adjudicated your case
in the first place okay so if they're
reviewing the case and like well you're
saying i got it wrong but i don't think
i got it wrong then they will they'll
reject it again sometimes i've seen
cases like this where you where the
client did one motion to reopen a second
motion to reopen and it's like finally
there's no way because the same officers
keep on rejecting the case their only
chance is to bring it before a judge
and that is what the purpose of the ao
appeal is and that's the purpose of the
uh suing uscis at a district court now
sometimes you can directly just skip to
that without doing the motion to reopen
if you know that the uscis is going to
reject your case i will share with you
one of my you know super proud moments
where i won a ao appeal because um the
uscis denied a client because the lease
agreement that the square footage was
too small so therefore they concluded
that the company was not big enough well
that seems kind of arbitrary look at all
the other things that the client
provided how big their company is how
big their orders are how many employees
they're going to hire nope they
disregarded everything they just really
looked at one small thing we made that
argument the judge agreed and bam
slammed it back to uscis and uscis
approved the case so those are the three
different ways to reinstate and to save
your case
if your case was denied if you have any
questions about motion to reopen feel
free to reach out to us and as a bonus
if during the consultation you mentioned
hey
i watch your video by the way that's
code for us knowing that you watch this
video and we're going to give you a
sample normally we only give samples to
attorneys who pay for consultations but
even if you're not attorney but you
watch this video well then you deserve
it and that's it for this series if you
have any questions about this please
feel free to reach out to us we'd love
to talk to you
and grab coffee sometime alright take
care bye