Immigration officials don’t always make favorable decisions. When this happens, sometimes, people are allowed to appeal to a higher authority. US immigration law allows a person to appeal an unfavorable decision in a couple of different ways, but the requirements and process can be difficult to understand and manage. Because of this, a lot of people prefer to work with an immigration appeal lawyer.
Request Help Today
We have a 4.9 Star Rating with over 30 reviews on Google!
We are a woman-owned company and proudly committed.
Natalia Darancou was born and raised in El Paso, Texas to Mexican-American parents and is a native Spanish speaker.
Member of the New York State Bar, Texas State Bar, and a member of the American Immigration Lawyers Association (AILA).
You may be able to file a motion or appeal a decision made regarding your case if you feel it was incorrect or unfair.
You may also be able to appeal if you’ve been denied some type of immigration benefit, such as asylum, withholding of removal, denial of parole, or similar.
While not every case qualifies for an appeal or motion, the notice sent to you with the United States Citizenship and Immigration
Services’s (USCIS) decision lets you know if your case is eligible. An immigration appeal lawyer can help you determine your eligibility and the best way to proceed.
Immigration appeals are mostly administrative and frequently done on paper. You will have 30 days after receiving your decision to file an appeal; waiting longer than 30 days may forfeit your right to do so. Some exceptions do exist, so if you missed your deadline, your immigration appeal lawyer can review your case and let you know if you still qualify.
After your immigration appeal is filed, it will be reviewed by someone with a higher decision-making authority than the person who initially ruled on your case. This means that your case is viewed through fresh eyes, not by the judge or other official who made the original decision.
There are only two offices that can process immigration appeals: the Administrative Appeals Office (AAO) of USCIS and the US Department of Justice’s Board of Immigration Appeals (BIA). The AAO and BIA each oversee different types of cases.
The AAO hears only cases where an immigration judge was not involved. These cases are strictly USCIS cases and involve decisions about:
All appeals regarding decisions made by USCIS are heard by the AAO. Administrative reviews are conducted by the AAO to ensure that immigration law and policy are being interpreted consistently by judges; it also reviews motions to reconsider or reopen cases that have not already been denied by one of USCIS’s field offices.
The BIA only hears judicial cases (cases that were ruled on by a judge); it does not hear any cases involving decisions made by the USCIS.
The BIA also hears cases sometimes where decisions were made by the Department of Homeland Security (DHS) officials.
Appeals may be filed with the BIA for a wide variety of reasons, including seeking asylum, having been or are about to be deported, having had certain administrative fines or penalties levied against you, or having been denied parole or bond.
Some cases are not eligible to apply for an appeal. Instead you may be able to file a motion. Also, if you’ve already appealed but the decision was undesirable, you can file a motion to request a different decision. There are two different types of motions:
Depending on your specific circumstances, your immigration attorney may file one, or both, on your behalf. Unlike appeals, motions to reopen or reconsider cases are sent back to the same authority that issued the latest decision.
Decisions that affect your immigration status can be stressful and confusing, but in some cases, you may be able to appeal.
If you have questions about the immigration appeals process or have received an unfavorable decision and need assistance determining your next steps, contact our office and schedule a consultation with one of our experienced immigration appeal lawyers.
The Natalia Darancou Law Firm provides removal defense, family-based, & humanitarian visas, including but not limited to VAWA, u-visa, adjustment of status, consular processing, residency, asylum, and complex crimmigration cases.
.png){kind=small}