Immigration Law Questions? Ask an Immigration Lawyer.
Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. According to one of my most trusted sources, the answer to your question is that you don’t have a grace period, but you can file an appeal of your denial. Generally, an appeal should be filed within 30 days from the date of the decision You are not required to submit a brief with an appeal, but you may submit one if you choose. You must, however, provide a sufficient explanation as to why you think the earlier decision was in error. You could also file a motion to repoen if your situation applies. A motion to reopen is a request to the original decision maker to review a decision. The motion must be based on factual grounds, such as the discovery of new evidence or changed circumstances, and “state the new facts to be provided in the reopened proceedings and be supported by affidavits or other documentary evidence.” (8 CFR 103.5(a)(2).) Most motions are filed on Form I-290B, Notice of Appeal or Motion, with the appropriate fee. If your motion needs to be filed on a different form, your denial notice will include the appropriate form information.
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