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Avoid delay. Provide additional information, if necessary. Hire a lawyer. Submit your motion. Consider next steps.
You can request reconsideration of an immigrant visa application within one year after being refused. You do not have to complete a new application or pay another fee. However, if you wait more than a year, then you will. Reconsideration is not available if your nonimmigrant visa application was rejected. Instead, you would need to submit a new application. You might receive what is called a "soft refusal." This is different from a "hard denial." Instead, a "soft refusal" is really a request for additional information. For example, you may need to provide the following: tax information or documents confirmation that you received a job offer affidavit of financial support proof of local employment court records or police certificates If you receive a hard denial, then you will need to present either a Motion to Reconsider or a Motion to Reopen in order to proceed. A motion is a professional document, and you will need a lawyer's help to draft it. You should move quickly. You typically must file this motion within 30 days of the denial. You should find a lawyer who practices in the immigration field and who has experience dealing with reconsideration of U.S. immigrant visa applications. A motion is not appropriate in all situations. Your lawyer should analyze your case to determine whether reconsideration is appropriate. Your lawyer will draft the motion and submit it to the United States Citizenship and Immigration Services (USCIS) or other appropriate office. You should receive a decision on any motion you file within 90 days of submitting it. However, given how busy USCIS is, you might need to wait longer. Stay in contact with your lawyer to discuss how the case is proceeding and whether there is anything else that you need to do. If you lose your motion to reopen or motion to reconsider, then you should talk with your lawyer about what next steps to take. You may be able to bring another appeal to the Administrative Appeals Office at USCIS.