Chapter 7 - Denials, Appeals, and Motions

An officer must specify the reason(s) for denying any waiver in the denial notice. [1] If an officer denies the waiver based on discretion, the officer should explain how the negative factors outweigh the positive factors. 

If USCIS denies a waiver application, the governing regulation may provide that the applicant may appeal the denial. [2] The officer must specify in the decision letter if the applicant may:

  • File an appeal. If the decision is appealable, the officer must give the applicant proper notice of the possibility to appeal; or

  • File a motion to reopen or reconsider. If USCIS approves the motion, then the officer reviews the waiver application again as if it had never been adjudicated. Therefore, USCIS issues a new decision on the waiver application following a successful motion.

USCIS may also reconsider a waiver approval or denial on its own motion at any time. [3] 

Footnotes


[^ 1] See 8 CFR 103.3(a)(1)(i).

[^ 2] See 8 CFR 103.3.

[^ 3] See 8 CFR 103.5(a) and 8 CFR 212.7(a)(4)(v).

Current as of July 26, 2021