GREEN CARD RENEWAL APPLICATION DENIED OR REJECTED CODE
Body or institution to which we send the appeal, with its relevant identification code.The act being disputed and the reason for the appeal However, here you can find a list with all the common elements that any immigration appeal must include: Each situation is totally different, and creating an individualized appeal based on the needs of your particular case will be the only way to succeed. It is very important that you understand that there is no magic formula or general template that is valid for drafting any immigration appeal.
In other words, you cannot jump directly to a contentious appeal without first having submitted an administrative one before.ĭo you have any doubt? Ask anything to our immigration lawyers and get an instant answer: It is important to mention that we cannot access the contentious route (if we disagree with the decision of the executive branch) until we have gone through the administrative route first. Timings here are longer, as it may take up to 3 months, and it will be the Judicial Power who decides (Courts or Tribunals). In that case, we will have exhausted the administrative route, and we will be able to move on to the judicial one in what is known as a contentious-administrative appeal. Let’s imagine that we have submitted an appeal, and it has been rejected. However, we must bear in mind that these are both are administrative appeals that is, it is the Executive who decides (the Public Administration). In other words, if we have applied for our residency card and it has been rejected by the Immigration Office, this type of appeal will be directed to the corresponding government delegation or sub-delegation.
“ Alzada” appeal (“recurso de alzada” in Spanish), if the institution in charge is the one immediately above the one that rejected the application. Appeal for reversal (“recurso de reposición” in Spanish) if the competent body that decides is the same one that rejected the application (at the same hierarchical level). When it comes to immigration we find two different types of appeals that will allow us to dispute the decision of a rejected application: To decisions or resolutions taken by the immigration office, government delegations or sub-delegations, and by the different Spanish consulates around the world. In that sense, to which bodies or institutions can you appeal? It will be in those cases that you can file an appeal, since this will allow you to “discuss” the decision and get a favorable resolution finally. After preparing all the documentation, investing time and money, and waiting for 3 months… you enter the government platform to check the status of your application, and see an unfavorable response: you are not granted the card. In other words, suppose you have submitted your application for social roots, your community card, family reunification or the renewal of your long-term residence. More technically, this procedure allows the foreign citizen to appeal against the decisions made by the public administration, whatever his or her legal status. It is a formal document in which we communicate our disagreement with the rejection of our application for residency or card renewal, asking for a review based on a viable reason and contemplated by law. An appeal is a notification to the immigration office in which we state that we do not agree with the decision taken in relation to our application file, explicitly requesting that it be re-examined.
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