DIFFERENCE in MTR & APPEAL

GC Guy said:
Hi,

Is there any difference in Motion to Reopen(MTR)/re-consider AND Appeal?

Thanks,
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A little bit. Usually when an application is denied, USCIS will tell you if the denial is appealable or not. If the law provides for an appeal, they will send you a Form 290B along with the denial notice. They will also specify by when the appeal has to be filed. Once the appeal has been filed, then USCIS will first look at the grounds of appeal and if they find that your argument / new evidence you have presented has overcome the grounds of denial, they will treat your appeal as a MTR (Motion to Reopen / reconsider) and work on it. Else they will forward the case to the AAU (Administrative appeals Unit) in Washington to adjudicate your case. Usually in this scenario the case goes back to the officer who denied your case. The officer can either reopen it or sent it to DC. As a policy the officer has about 60 days to do this. (This is just a policy not a strict guideline on which you can file a lawsuit)

However, in many cases denials are non-appealable. But if you think that the denial is unjust, you can file a MTR. If you file a MTR, then you are required to present new evidence that should overcome the grounds of denial. There is no form to be filled out but this is treated as Form 290A. What you need to do is prepare a brief and attach additional evidence (your lawyer will do this for you). The USCIS may consider your Motion or they may not. There is no fixed time frame that they have to adhere to. I have seen some postings where people have filed a MTR and the status message says 60 days to 180 days.

The basic difference is the expected time frame of decision and also that if you file 290B, then your application will be automatically forwarded to AAU. Also if a 290B was sent with your denial, you are required to file 290B only.

Follow this link for more information: http://uscis.gov/graphics/howdoi/repealdenial.htm#how
 
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Thanks for your detailed reply.

I have alreayd re-filed my case as a new one because my I-140 (and I-485) got denied in Nov-04.

Now I am thinking to MTR/Appeal the denined casel. i.e. having two threads of I-140+I-485 open.

Is there any trouble with it?Will it affect my re-filed case by any means?

Thanks,
 
GC_Guy,

Did you use the same LC when you filed a new LC ? or the new one ?

My company says, it may not be possible to file both using the same LC and more over you can't have two I485 pending at the same time. Let me know.
 
dazzling said:
The basic difference is the expected time frame of decision and also that if you file 290B, then your application will be automatically forwarded to AAU. Also if a 290B was sent with your denial, you are required to file 290B only.
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It has been more than 100 days that i filed my appeal for 140NIW; still they have not forwarded it to AAU. I called them; I was told that they could do whatever they wanted to do with it, and i could not do shit about it.
 
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