Immigration Appeals Lawyer

JQK Law: Your Immigration Appeals Attorney

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.

Appeals and US Immigration Law

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.

Motion To Reopen or Reconsider

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.

Administrative Appeals

Board of Immigration Appeals

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.

Administrative Appeals Office

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.

Federal Circuit Court Appeals

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.

Reserving and Waiving the Right to Appeal

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.  

Filing an Immigration Appeal 

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:

  • Fill out all parts of the notice of appeal form;
  • Determine the specific reasons for your appeal;
  • Pay all required fees;
  • Provide a copy of all materials and original forms to the Department of Homeland Security;
  • Retain a copy of all materials;
  • File a written brief outlining and arguing the legal points of your case;
  • File all subsequent briefs and statements requested.

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.

What are the chances of success in an immigration appeal?

The chances of success in an immigration appeal vary significantly based on the specifics of each case and the grounds upon which the appeal is filed. Factors that can influence the outcome include the nature of the original immigration decision, the evidence and arguments presented in the appeal, and adherence to procedural requirements.

Immigration appeals lawyers, with their deep understanding of immigration law and experience with the immigration board and federal court processes, play a crucial role in enhancing the likelihood of a favorable outcome. These legal professionals are skilled at scrutinizing the details of your immigration case, identifying procedural errors or oversights by immigration and customs enforcement or the immigration agency, and effectively arguing your case before the appropriate authorities.

While no law office can guarantee success, the expertise of immigration attorneys significantly contributes to the strength of your appeal.

Are there any alternatives to filing an appeal if my immigration application is denied?

Yes, there are alternatives to filing an appeal if your immigration application is denied. One common alternative is to file a motion to reopen or reconsider with the immigration agency that made the original decision.

This motion is typically based on new evidence or a change in circumstances that wasn’t presented in the initial application or on demonstrating that the decision was incorrect based on the evidence and laws at the time. Immigration law offices often advise on the best course of action, which might include reapplying with additional information or correcting any deficiencies in the original application.

In some cases, if the matter involves a misunderstanding or misapplication of the law, engaging in discussions with the assistant chief counsel of the Executive Office for Immigration Review or customs enforcement may resolve the issue without the need for formal appeals or litigation in federal court.

A free consultation with immigration attorneys can provide guidance tailored to your specific situation, including exploring all viable options to achieve a resolution in your favor.

How an Immigration Appeals Lawyer Can Help

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:

  • Denied visa application: A lawyer can determine why immigration judges denied your application and advise you on the next steps.
  • Delayed response: Experienced attorneys can expedite your immigration review to prevent unwarranted delays in response.
  • Status complications: An attorney can provide legal counsel during situations that complicate your lawful status and compliance with your visa.

Get in Touch With the Immigration Appeals Lawyers at JQK Law

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.

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