Immigration Visas Denials: Is Appeal Worth the Effort?

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Immigration Visas Denials: Is Appeal Worth the Effort?

Sometimes, the process of applying for I-140s or other immigration visas can be frustrating for attorneys, clients, and foreign education credential evaluation agencies. This is particularly true with 3-Year Degrees, which are not always accepted by the USCIS as the U.S. equivalency of a Bachelor Degree. Despite everyone’s best efforts, people with foreign degrees are often denied these visas, because immigration officials argue that these degrees just aren’t equivalent.

This occurs more frequently with 3-Year Degrees from India or Bangladesh than from European countries. This occurs despite evaluators’ bests efforts to show the extensive numbers of contact hours and course work which the client has completed. In these situations, is it ever worth the client’s time and money to appeal a denial?

The answer may surprise you. In fact, denials are sometimes overturned on appeals. This may be because of additional evidence presented, or because the appeals arbitrators have a different perspective on the results of the educational evaluation. In many cases, however, the appeals process does have a positive outcome.

The downside of appealing denials for immigration visas is that it can be expensive. Many clients have spent considerable money on foreign academic credentials evaluations, as well as attorney fees. It may or may not be worthwhile to appeal a denial. Only the client – and his or her attorney – can really decide this. Hopefully, their decision is also based on advise from a professional consulting firm who is experienced in appealing visa denials based on these evaluations.

This article was written by Staff