An immigration appeal may be necessary if you receive an unfavorable court decision. The immigration system offers different avenues of appeal depending on your situation. If your application is denied or revoked, a lawyer can help.
The legal counsel of an experienced immigration appeals lawyer is invaluable during immigrant appeals. Some common appeals requiring attorney guidance include unlawful presence and residency obligations. Below, we explore how appeals work under US immigration law, including the appeal process, requirements, and the role of an immigration lawyer.
If you disagree with an immigration judge’s decision, we are at your service. JQK Law offers personalized immigration attorney services, including legal counsel during appeals. Contact us for legal guidance and counsel.
US immigration law offers different levels of appeals. It is, however, essential to note that there are some United States Citizenship and Immigration Services (USCIS) and court decisions that cannot be appealed. For instance, if a student visa or E-2 Treaty visa application is denied. Understanding your options based on your situation is vital for determining the appropriate course of action following an unfavorable immigration decision.
Under the law, there are three different levels of appeal: motion to reopen or reconsider, administrative appeals, and federal circuit courts.
A motion to reopen or reconsider is a request to the USCIS or immigration court to review their decision. A motion to reopen is used when newly discovered facts could change the case outcome. A motion to reconsider is based on the law and argues that the law was applied incorrectly and the decision was erroneous.
If the USCIS officer or immigration judge maintains its previous decision, you may appeal to the Board of Immigration Appeals or the Administrative Appeals Office (AAO) within 30 days of receiving the final decision.
If you appeal an unfavorable decision from an immigration court, your appeal will be heard by the Board of Immigration Appeals. The Board of Immigration Appeals is the highest administrative body in the US for interpreting and applying US immigration law.
The Administrative Appeals Office is the immigration law office handling appeals from adverse USCIS decisions. You can appeal unfavorable decisions of the USCIS to the AAO.
If the USCIS or immigration judge’s decision is affirmed at the administrative level, you can appeal to the federal circuit courts. There are 13 federal circuits across the country. As such, appeals taken before these courts are subject to strict deadlines and procedures.
Petitions to the federal appellate court must be filed within 30 days of the final order under the Immigration & Nationality Act (INA).
The United States Supreme Court hears appeals from the federal appellate courts and is the final court of appeal. The Supreme Court selects a small number of cases to review, accepting only about 100-150 of the 7,000 petitions made annually.
If a judge denies your application, the immigration court will ask if you want to reserve your right to appeal. You can tell the judge to reserve or waive your right. Reserving the right to appeal allows you to petition through the BIA.
Waiving your right to appeal means the judge’s decision is final. The government can begin processes to remove you from the country immediately. If the judge’s decision is mailed to you, your right to appeal will be automatically reserved.
If you are appealing an immigration court decision or a USCIS decision to the Board of Immigration Appeals, you must file a notice of appeal form: EOIR-26 or EOIR-29, respectively. When filing your notice of appeal, you should:
If you requested an oral argument, the Board will notify you if the request was approved. Your appeal may also be summarily dismissed if the Board determines your request for an appeal is defective.
The immigration appeals process can be complex and overwhelming without lawyers. To avoid common mistakes, it is crucial to involve committed lawyers experienced in immigration cases. Your attorney can help you navigate the process and explain how the law applies to your case.
Immigration appeal attorneys understand the complexity of US immigration law and are experienced in navigating the various agencies and courts involved in the immigration appeal process. If you receive an unfavorable decision from an immigration officer or immigration judge, a lawyer can review your case and options.
An experienced immigration attorney can help craft an appropriate strategy and argument to persuade the court or agency to reach a different decision. They can also help you identify important documents, facts, and evidence to secure your lawful status in the US.
At JQK Law, our immigration lawyers can help you with:
Immigration appeals can be complex. US immigration laws are complicated, and the appeal process is bureaucratic. Working with experienced immigration appeals lawyers from leading law firms like JQK Law can give your petition a better chance of success.
At JQK Law, we help clients around the globe with US immigration issues. We use our experience to uphold the interests of every client we represent throughout the immigration process, from start to finish.
Have you or a loved one received an adverse decision from USCIS or an immigration judge? Contact us today for a free consultation.