Received a Denial?

A USCIS denial letter doesn’t have to be the final word on your immigration journey. With strict appeal deadlines—often just 30 days—quick action is essential to protect your rights.

Don’t let a denial derail your future in America—get legal help to fight back before critical deadlines expire.

Don’t Let a Denial Be the End of Your Story

Immigration denial letters aren’t just disappointing—they’re devastating. They represent shattered dreams, families kept apart, and futures suddenly thrown into question. But here’s what USCIS doesn’t tell you: a denial is not the end. It’s simply the beginning of your fight.

At Holden Law Firm, we help you turn immigration denials into approvals. We’ve helped countless clients in Gainesville and throughout Georgia successfully appeal visa rejections, green card denials, and unfavorable court decisions. When the system says “no,” we find a way to “yes.”

Types of Immigration Appeals We Handle

Board of Immigration Appeals (BIA)

When an immigration judge orders removal or denies relief like asylum or cancellation of removal, you have the right to appeal to the BIA. These appeals involve complex legal briefs and strict deadlines—typically just 30 days from the decision.

Our approach includes:

  • Carefully reviewing the hearing transcript for legal errors
  • Identifying factual mistakes or misapplications of law
  • Crafting compelling legal arguments based on precedent decisions
  • Filing comprehensive briefs that address every relevant issue

Administrative Appeals Office (AAO)

If USCIS denies certain applications—like employment visas, investment-based petitions, or special immigrant classifications—the AAO is often your next step. We’ve successfully appealed denials involving:

  • Employment-based petitions (H-1B, L-1, O-1)
  • National Interest Waivers
  • Extraordinary ability petitions
  • Special immigrant juvenile cases
  • Religious worker visas

Motion to Reopen or Reconsider

Sometimes the fastest path forward isn’t a formal appeal but asking the original decision-maker to take another look. We file strategic motions to reopen or reconsider when:

  • New evidence becomes available that could change the outcome
  • The original decision contains legal or factual errors
  • Processing errors occurred that affected your case

Federal Court Litigation

When administrative appeals fail, federal courts provide another avenue for review. We take immigration cases to U.S. District Courts and Circuit Courts of Appeals when:

  • Government agencies have unreasonably delayed decisions
  • Legal errors require correction by a federal judge
  • Constitutional rights are at stake
  • The BIA or AAO has made a clear error of law

Waivers of Inadmissibility

If your application was denied due to inadmissibility grounds, we can help you request forgiveness through:

  • I-601 Waivers for unlawful presence, misrepresentation, or certain criminal issues
  • I-601A Provisional Waivers for unlawful presence before consular processing
  • I-212 Permission to Reapply after deportation or removal

Common Reasons for Immigration Denials

Understanding why applications get denied helps us build stronger appeals. The most frequent issues we address include:

Insufficient Evidence

USCIS often claims applicants failed to prove eligibility or relationship. We counter by:

  • Gathering additional compelling evidence
  • Organizing existing evidence more effectively
  • Providing expert testimony when necessary
  • Explaining the significance of evidence that was overlooked

Credibility Concerns

Inconsistencies in statements or documents can trigger denials. Our approach includes:

  • Explaining misunderstandings or translation errors
  • Providing context for apparent contradictions
  • Securing affidavits to corroborate key facts
  • Addressing perceived inconsistencies head-on

Legal Interpretation Disagreements

Sometimes USCIS or immigration judges misapply the law. We challenge these errors by:

  • Citing relevant case law and precedent decisions
  • Analyzing statutory language and legislative intent
  • Highlighting recent policy changes that impact your case
  • Distinguishing unfavorable precedents from your situation

Procedural Errors

Technical violations can derail valid applications. We identify and address:

  • Filing timeline issues
  • Fee problems
  • Missing signatures or forms
  • Improper service of documents

Our Approach to Immigration Appeals

Comprehensive Case Review

Every successful appeal starts with understanding what went wrong. Our process begins with:

  • Thoroughly reviewing your entire immigration history
  • Analyzing the denial notice for legal and factual errors
  • Identifying weaknesses in the original application
  • Determining the best appeal strategy for your specific situation

Strategic Evidence Development

Appeals succeed or fail based on evidence. We strengthen your case by:

  • Securing additional documentation to address concerns
  • Obtaining expert opinions and affidavits
  • Organizing evidence to directly counter denial reasons
  • Preparing clear exhibits that make your eligibility obvious

Persuasive Legal Arguments

Immigration law is complex and constantly evolving. Our appeals leverage:

  • In-depth knowledge of immigration statutes and regulations
  • Current case law from the BIA, AAO, and federal courts
  • Agency policy memoranda and guidance
  • Compelling legal writing that presents your strongest arguments

Thorough Preparation for Hearings

When appeals involve in-person hearings, preparation is critical. We ensure you’re ready by:

  • Conducting mock question-and-answer sessions
  • Reviewing all potential issues that might arise
  • Explaining hearing procedures and expectations
  • Standing beside you throughout the process

Why Choose Holden Law Firm for Your Immigration Appeal

We Understand the Stakes

An immigration denial isn’t just paperwork—it’s your family’s unity, your career, and your future in this country. We approach every appeal with the urgency and dedication your case deserves.

We Know How Decision-Makers Think

Successfully appealing requires understanding how immigration officials and judges evaluate cases. Our experience gives us insight into what arguments resonate and what evidence convinces.

We Find Creative Solutions

Sometimes the best path forward isn’t obvious. We identify alternative strategies when standard appeals might not succeed, including:

  • Concurrent filings of different application types
  • Exploring humanitarian programs or special exemptions
  • Considering change of venue or jurisdiction options
  • Negotiating directly with government attorneys when possible

We Provide Clear Communication

Immigration appeals are stressful enough without being left in the dark. Throughout your case, we provide:

  • Regular updates on your appeal status
  • Explanations of legal developments in plain language
  • Honest assessments of chances for success
  • Prompt responses to your questions and concerns

Timing Is Critical in Immigration Appeals

Most immigration appeals have strict deadlines—typically 30 days or less from the date of decision. Waiting even a day too long can permanently close your path to relief.

If you’ve received a denial, contact us immediately. Even if you think you’ve missed a deadline, call anyway—certain exceptions and alternative strategies may still be available.

Your Next Steps After a Denial

  • Don’t panic. Many denials are successfully overturned on appeal.
  • Preserve your rights. Some appeals must be “reserved” immediately, even before filing the full appeal.
  • Gather documents. Collect your denial notice, original application, and all communication with immigration authorities.
  • Contact us immediately. The sooner we begin working on your appeal, the stronger your case will be.

Don’t let an immigration denial determine your future. Call Holden Law Firm today to schedule a consultation at our Gainesville office. Let us help you write the next chapter of your immigration story—one with a different ending.

The information provided on this page is general in nature and not intended as legal advice. Immigration laws change frequently, and every case is unique. Please contact our office for guidance specific to your circumstances.

How long do immigration appeals take?

Timeframes vary significantly by appeal type. BIA appeals typically take 6-18 months, while AAO appeals range from 4-12 months. Motions to reopen or reconsider may be decided in 1-3 months. Federal court litigation can take 1-2 years or longer.

Can I stay in the U.S. while my appeal is pending?

It depends. Some appeals automatically stay removal orders, while others don’t. We can advise on your specific situation and, when necessary, request stays of removal to protect you during the appeal process.

How much does an immigration appeal cost?

Appeal costs vary based on complexity, forum, and required work. During your consultation, we’ll provide a transparent fee structure based on your specific case needs. Remember that appeals are an investment in your future in the United States.

What if my appeal is denied?

Multiple levels of appeals are often available. If one appeal is unsuccessful, we can explore further options, including higher administrative appeals, federal court review, or alternative immigration pathways based on your circumstances.

Can I submit new evidence with my appeal?

It depends on the type of appeal. BIA appeals are generally limited to evidence in the existing record, while motions to reopen specifically allow new evidence. We’ll advise you on what evidence can be submitted in your particular appeal.

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lawyer giovanna holden represents the Georgia immigrant community.

Hello! I am lawyer Giovanna Andrea Holden. I am dedicated to helping our Hispanic community acquire or protect their legal status

I was born in Colombia and immigrated to the United States at age 19 along with my parents and siblings. Fortunately, my maternal grandfather became a US citizen and was able to apply for us. Although the wait time was long, I managed to reach the United States before I could no longer qualify for residency due to my age.

Like many children of immigrants, I have always kept in mind the sacrifice my parents made when coming to a new country to give us a better life and more opportunities. Therefore, I decided to strive during my studies to become a lawyer. I completed my undergraduate studies at Brenau University in Gainesville, Georgia.

Giovanna Holden

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