Pitfall #1: Not Choosing the Right Appeal or Motion.
When submitting an I-290B, choosing the right appeal or motion is critical to success. The wrong choice will result in an immediate denial. Motions to Reconsider must show the incorrect application of the law, Motions to Reopen must have new facts, and Appeals must have a reasonable conclusion. If you are unsure as to which of the three is right for you, feel free to contact us for an assessment of your situation.
Pitfall #2: Not Preparing Immediately
Success depends on quality of evidence. The amount of time you have to prepare for an I-290B is already short, and not taking advantage of every day results in missing the deadline or preparing poor quality of evidence. As soon as you receive your denial letter, you should quickly decide on the next step.
Pitfall #3: Not Providing Appeal Attorney with Original Filing Documents and Contradictions Exist
If the appeal attorney does not have the original filing, what the attorney files may be different from what was originally filed, resulting in a conflict, which will likely result in a denial. As such, always provide the original filing package to the appeal attorney.