Appeal after an application is denied

If an application for an EAD is denied, the applicant will receive a letter listing the reasons why the application was denied. While the alien is unable to appeal the decision to a higher authority, he/she may submit a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, the applicant may ask the office to re-examine or reconsider its decision. The applicant must state new facts in the motion to reopen that are to be provided in the reopened proceeding, which must be accompanied by affidavits or other documentary evidence. The application must establish, in the motion to reconsider, that the decision was based on an incorrect application of law or policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made.

(Updated 10/10/2012 by AD)

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