Appeals & Judicial Review

Fighting Wrongful Denials in the USA & Canada

A refusal letter is devastating, but it is rarely the final word. Whether caused by an officer’s error, a misunderstanding of the facts, or a computerized decision-making system, erroneous decisions can be challenged. At Wang Law PLLC, we specialize in high-stakes Appellate Litigation to reverse unfair outcomes.

Know the Difference: Appeal vs. Judicial Review

Choosing the wrong path can lead to automatic dismissal.

1. Administrative Appeal

“The Decision was Wrong on the Facts.”
An appeal is made to a higher administrative body (like the AAO in the US or IAD in Canada). In many appeal types, you can submit new evidence to correct the record or argue humanitarian grounds.

2. Judicial Review (JR)

“The Process was Illegal.”
JR is a lawsuit filed in Federal Court. It argues that the officer violated the law (e.g., ignored evidence, procedural unfairness). Generally, NO new evidence is allowed; the judge only looks at what was before the officer.

🇺🇸 U.S. Immigration Remedies

AAO Appeals (Form I-290B)

Administrative Appeals Office

For denied Employment petitions (H-1B, EB-1, NIW) and I-601 Waivers.

  • Motion to Reopen: Asking the same officer to review new facts.
  • Motion to Reconsider: Arguing the officer applied the wrong law.
  • Appeal: Asking the AAO in Washington D.C. to overrule the officer.
  • Deadline: Strict 30-day window.

Federal Court Litigation

District Courts

When USCIS delays or acts arbitrarily.

  • Writ of Mandamus: Forcing USCIS to make a decision on a case stuck in “Security Checks” for years.
  • APA Lawsuit: Challenging an arbitrary denial when the AAO appeal fails or is unnecessary.

🇨🇦 Canadian Immigration Remedies

IAD Sponsorship Appeals

Immigration Appeal Division

The “Gold Standard” for refused Spousal or Parental Sponsorships.

  • Power: Unlike Federal Court, the IAD performs a de novo hearing. We can call witnesses and introduce new photos/chats.
  • H&C: We can argue “Humanitarian & Compassionate” grounds even if the law was technically followed.

Federal Court (JR)

Judicial Review

For Temporary Resident Visas (Visitor, Student, Worker) where there is no right of appeal to the IAD.

  • Focus: Procedural Fairness & Reasonableness.
  • Common Target: “Chinook” AI-generated refusals that lack detailed reasoning.
  • Deadline: 15 days (inside Canada) / 60 days (outside).

Why Wang Law PLLC?

Strategic Assessment

We don’t just file appeals blindly. We analyze whether a Motion to Reopen (fast & cheap) is better than a Federal Lawsuit (slow & expensive) based on the specific error in your case.

Settlement Negotiation

Litigation often ends in a settlement. We leverage our experience with DOJ (Department of Justice) lawyers to negotiate a “Consent Order” to reopen your case without the need for a trial.

Don’t Let a Denial Be Final

Deadlines for appeals are strictly enforced (15-30 days). Contact us immediately.