If your immigration status is unilaterally revoked in Florida, it means a government agency has ended or taken away your visa, Temporary Protected Status (TPS) or some other benefit without your consent. This decision usually means that the immigration authority acted on its own, not because you asked for the repeal or agreed to it.
When this sudden change comes with significant risks like travel restrictions or deportation, acting promptly is crucial to protect yourself. Understanding the reasons for the revocation can help you determine your next steps to remain in the country.
How to file an appeal
When your immigration status is rescinded unexpectedly, you may respond through a formal appeal. An appeal asks a different authority, either the Administrative Appeals Office (AAO) or the Board of Immigration Appeals, to review the decision.
You generally must file an appeal within 30 days of the revocation. While option, you may include a brief and supporting documentation explaining why the decision was wrong.
When to opt for a motion to reopen or reconsider
When you have new evidence to support your case, you may file a motion to reopen your case. Unlike an appeal, you are requesting the issuing authority to review the decision based on those new facts. Evidence that is both current and relevant to the issues raised can help strengthen your motion.
If the initial revocation was due to the incorrect application of a law or policy, you may file a motion to reconsider instead. You must prove the error based on the evidence in the record at the time. Moreover, you need to cite applicable statutes, regulations or precedent decisions to prove the misapplication of law or policy.
Like appeals, you generally file these motions within 30 days of the initial decision. Since they go to the same issuing authority, motions typically reach a resolution faster than appeals.
Protecting the life you built
If you are facing status revocation, it does not have to be the final conclusion. You have options for challenging the unilateral decision that affects your legal standing in the country. A lawyer can help you identify the best course of action while meeting strict timing requirements.
