Dispute Resolution Flashcards

USCIS denies a petition, and the applicant now has new evidence that was not available before. Which motion fits best?

Answer: Motion to reopen

A motion to reopen must state new facts and be supported by documentary evidence.

A motion to reconsider a USCIS decision must primarily show that:

Answer: The decision misapplied law or policy based on the record at the time

A motion to reconsider argues legal or policy error based on the evidence already in the record.

Which form is used to appeal an immigration judge's decision to the Board of Immigration Appeals?

Answer: Form EOIR-26

Form EOIR-26 is the Notice of Appeal from a decision of an immigration judge.

A U.S. citizen's Form I-130 petition for a relative is denied by USCIS. Where is the appeal generally filed?

Answer: The Board of Immigration Appeals via Form EOIR-29

Denials of family-based I-130 petitions are appealed to the BIA using Form EOIR-29.

A naturalization applicant's Form N-400 is denied. What is the administrative remedy?

Answer: Request a hearing with Form N-336

Form N-336 requests a hearing before a USCIS officer on a denied naturalization application.

A client is upset that their case has been pending far beyond normal processing times. Which DHS office provides case assistance for problems with USCIS?

Answer: The CIS Ombudsman

The Citizenship and Immigration Services Ombudsman helps resolve problems individuals have with USCIS.

In a client dispute, why should a consultant keep detailed records of all communication and services?

Answer: Records show what was agreed and delivered in any dispute

Thorough documentation is the main evidence of what services were promised and performed.