Legal Question in Immigration Law in New York

Hello

Motions to reopen/reconsider are not categorized this way. Such motions are filed directly with USCIS and decision times can vary but normally not more than 2 months. It is important, however, to remember that filing such motions does not in any way toll unlawful presence so that if you have no other valid basis to live and work in the U.S. you could be facing a 3 or 10 year bar to re-entry after departure. Check the document denying your extension to see whether or not you have the right to stay in the U.S. and work pending any motion filing.

Additionally, I would always advise speaking with an attorney regarding filing a motion to reopen/reconsider and your chances of prevailing thereon. A Motion to Reopen will only succeed if you can demonstrate that there is additional evidence that was not available when you initially filed your application. A Motion to Reconsider must demonstrate that the decision-maker made an error of fact or law.

No, it will not be "premium processing". It can take several months to get a decision if you decide to file a MTR. Your attorney should be able to advise you further. In the situation such as this, I hope, you understand that you should have a qualified legal representation.

First of all, you need to consult a lawyer and review actual reasons for denial - why it was denied? This is important to espablish before deciding on what to do next.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html