Filing an Immigration Appeal

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Filing an Immigration Appeal

If your immigration case was denied, you can appeal a decision of an immigration judge or USCIS.

Unfortunately, many applications for immigration are denied each year. Fortunately, you have the right to appeal a decision within 30 days to the Board of Immigration Appeals.

Usually, appeals only consist of legal briefs; however, on in some circumstances the Board may call for oral argument to be made on a particular legal issue. If oral arguments are required, a skilled lawyer at Sadek Law Offices will be able to help you by arguing the case on your behalf.

Filing for Asylum in the United States

Filing an Appeal with the USCIS Administrative Appeals Office

If you are unhappy with a decision issued by USCIS, you may file an appeal with their administrative Appeals Office (AAO). After filing the appeal, your original decision will first be reviewed by the original USCIS officer to determine whether the case with worth considering.

If they determine it is, it will be referred to either the AAO or the Board of Immigration Appeals (BIA). It is important that you file your appeal within 30 days of the original decision using the proper USCIS form. Contact an immigration attorney at Sadek Law Offices to discuss whether your case is worth appealing.

Board of Immigration Appeals: The Process

If you are not satisfied with the decision of an immigration judge, or if you are facing removal, you have options. By working with an experienced attorney, you can file for an appeal with the BIA.

The first thing that must be done is to reserve appeal at the immigration court level. After that, you have 30 days from the date of the immigration judge’s decision to file a Notice of Appeal with the BIA—otherwise your judgment becomes final.

This is a complex process, and it is in your best interest to consult with an attorney to make sure you are proceeding correctly.After filing your Notice of Appeal, the BIA will issue a receipt, copy of the immigration court transcript, the decision of the immigration judge, and a briefing schedule.

At this point, your attorney will be able to step in and help develop your brief and oral argument (if any). When you have this much on the line, it is highly encouraged you work with our firm to ensure that all deadlines are met and all forms are filled out correctly.