10 Questions Answered About Immigration Appeals and Motions
An immigration decision can shape the course of someone’s life. A denial may separate families, cut off the ability to work, or even lead to removal from the country. The law does, however, provide ways to contest these outcomes. Through appeals and motions, applicants can bring in new evidence, point out errors, and ask for their case to be reviewed again by a higher authority.
These procedures are not easy to navigate. The rules are technical, deadlines are strict, and small mistakes can end the case before it really begins. Yet for many people, an appeal or motion is the only path forward. Knowing how these processes work can make the difference between a reopened opportunity and a final denial.
Below are 10 of the most common questions about immigration appeals and motions — and practical answers to help you understand your options.
- What is an immigration appeal?
An appeal asks a higher authority to review a decision made by a government agency or immigration judge. The most common venue is the Board of Immigration Appeals (BIA), part of the Department of Justice. The BIA reviews decisions by immigration judges and certain Department of Homeland Security (DHS) officials. In other contexts, such as visa petitions or adjustment applications denied by USCIS, appeals are filed with the Administrative Appeals Office (AAO).
- How is a motion different from an appeal?
A motion is filed with the same office that issued the decision. There are two main types:
- Motion to Reopen: Asks the office to consider new facts or evidence.
- Motion to Reconsider: Argues that the decision was legally incorrect based on the existing record.
Unlike appeals, which move the case to a higher authority, motions stay with the original decision-maker.
- Which form do I use to file?
Most appeals and motions filed with USCIS use Form I-290B, Notice of Appeal or Motion. The form covers appeals to the AAO, motions to reopen, and motions to reconsider. For appeals to the BIA, a different form is required — Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge. Filing the wrong form or missing a required section can cause delays or outright dismissal.
- How long do I have to file?
Timing matters. For USCIS cases, appeals and motions generally must be filed within 30 days of the decision, though some deadlines are shorter. For BIA appeals, the notice of appeal must also be received within 30 days. Late filings are rarely excused, so tracking the clock is essential.
- What happens after I file an appeal?
Once an appeal is filed, the case record is transferred to the reviewing body. The BIA or AAO examines the evidence, written arguments, and the original decision. In many cases, the appeal is decided “on the papers” without oral argument. For certain cases before the BIA, attorneys may request oral argument, but those requests are rarely granted.
Processing times vary widely. The AAO publishes average completion times by case type, and some categories can take more than a year. The BIA also faces backlogs, and recent proposals to shrink the size of the Board have raised concerns about even longer delays. While waiting can be frustrating, a pending appeal often provides temporary stability, especially if it halts removal until a decision is reached.
- Do I have to leave the country while my appeal is pending?
In many situations, filing a timely appeal automatically stays removal until the appeal is resolved. This is especially true for BIA appeals of removal orders. However, not every appeal provides this protection, and the rules can be complicated. Applicants should confirm with their attorney whether filing preserves lawful presence or stops removal.
- What are my chances of success?
The result of an appeal turns on the facts and the law. Strong evidence, solid arguments, and a clear record give you the best chance of moving forward. Approval rates at the BIA change from year to year, so no outcome is certain. Still, cases that are carefully prepared and supported are far more likely to succeed.
It’s also important to recognize that appeals are not a second opportunity to submit a brand-new application. The reviewing authority looks at the existing record and asks whether the law was applied correctly. Motions to reopen or reconsider are even more limited in scope. This makes preparation critical — every filing must be carefully tailored to the legal and factual issues at hand.
- What if I lose my appeal at the BIA or AAO?
If the BIA denies an appeal, the next option is usually the federal courts of appeals, beginning with a petition for review. These cases move into the federal judicial system and require strict compliance with court procedures. If the AAO denies, the matter may also move into federal court. Deadlines are short, and the process becomes more complex, making legal counsel even more critical.
- How do recent changes affect immigration appeals?
Policy changes continue to reshape the appeals process. For example, in 2025, the Department of Justice announced a proposal to reduce the size of the BIA. Advocates argue this could affect efficiency and consistency, while others believe it may streamline decision-making.
USCIS has also revised forms, instructions, and filing addresses in recent years. Even small changes can create confusion — and missing a new requirement can jeopardize an appeal. In addition, immigration courts are under pressure from record caseloads, and the appeals system often mirrors those delays. Staying informed about these shifts is crucial because applicants only have one opportunity to comply with the updated rules.
- Do I need an attorney for an appeal or motion?
You’re allowed to file an appeal or motion without a lawyer, but that path is rarely successful. The rules are complicated, the paperwork is extensive, and even small errors can cause a case to be dismissed. An experienced immigration attorney can organize the record, frame the arguments, and explain the risks and options so you know exactly where you stand.
Take Action with Gendelberg Law
Immigration appeals are high-stakes. Missing a deadline or misunderstanding the rules can close the door on opportunities you and your family have worked hard to secure. At Gendelberg Law, we focus on helping clients challenge denials and keep their cases moving forward. Whether you need to appeal a removal order, reopen a denied petition, or take your case to federal court, our team is ready to guide you.
If you’re facing a difficult immigration decision, don’t wait. Contact Gendelberg Law today to discuss your options and protect your future.
