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Being able to reside and work legally in the United States is a dream for many foreign citizens. However, there can be a few situations where this dream can be brought to a halt by a denial or unfavorable decision on an individual’s immigration case. This can happen if, for example, the USCIS denies an application for an immigrant visa or if an immigration judge decides to uphold a deportation decision against an individual.
If you have received a negative response on your immigration case, it is important to remember that you have not reached the end of the road, and an attorney can assist you with the process of filing an immigration appeal with a higher authority. The immigration appeals attorneys at the Espinoza Law Group explain how the appeal process works and why hiring an attorney may be best for your case. If you have specific questions about your immigration matters, contact the Espinoza Law Group at 213-667-0701.
What Is the Immigration Appeals Process, and When Is It Necessary?
The immigration appeals process allows individuals who disagree with a decision made by an immigration official to ask for a higher authority to review the case. It gives the individual a chance to have the original decision modified or reversed. Certain situations, such as the denial of a green card application or the invalidation of an immigration benefit, can be reasons to file an appeal.
It is important to understand that not every case is eligible for appeals. You must have a solid reason to request an appeal, which means you may not necessarily be able to appeal any and all unfavorable decisions made by the USCIS. There are also different avenues to file appeals – some cases are reviewed by the AAO (Administrative Appeals Office), while others are handled by the BIA (Board of Immigration Appeals). Some cases may only require a motion instead of an appeal. A motion is a request for the same authority to reconsider your case, while an appeal is a request for a higher authority to review the case. An attorney can advise you on whether your case is eligible for an appeal and the correct steps to take to initiate your immigration appeal.
What Kind of Immigration Cases Can Be Appealed to the AAO?
The AAO is a division of the United States Citizenship and Immigration Services and only hears USCIS cases that do not involve an immigration judge. The AAO typically handles appeals that involve certain adjustment of status applications, applications for temporary protected status (TPS), requests to come back to the United States following deportation, employment-based visas, fiance visas, investment visas, and petitions involving juveniles, special immigrants, orphans, and religious workers.
The AAO can conduct administrative reviews of these cases and may also handle motions to reopen and motions to reconsider, which are typically used as recourses after an appeals decision has been made. A motion to reopen can be used to present new facts in a case, whereas a motion to reconsider if the applicant and their attorney believe the AAO may have made a mistake and based a previous decision on an incorrect application of a law or policy.
What Are Some Valid Reasons to File an Appeal With the BIA?
In contrast, the BIA (Board of Immigration Appeals) handles appeals for cases that involve an immigration judge and decisions made in a U.S. Immigration Court, as well as those involving decisions made by officials from the Department of Homeland Security. In other words, it does not hear cases that involve USCIS decisions.
Examples of case appeals that can be handled by the BIA include asylum applications, removal orders, waivers of inadmissibility (following a DHS decision), family-based immigration petitions following a decision by DHS, withholding of removal or deportation, and denial of bond or parole in immigration-related detentions. Most appeals to the BIA are reviewed by a single member of the Immigration Board, but it is possible to request a review by a panel of three board members when appropriate for the case. In very rare cases of significant importance, the appeal may be reviewed by all members of the board.
In order to file an appeal to be reviewed by a three-member panel, you need to be prepared to explain why you disagree with the immigration judge’s decision. Some examples of possible valid reasons for a BIA appeal include inconsistencies among the rulings of different immigration judges, an erroneous determination of facts by a judge, or when the need to resolve the case involves a controversy that can be considered of major national importance.
In general, the BIA will communicate its decision by regular mail or electronically in some cases. Once a decision has been made, it is considered administratively final and can typically only be changed by a federal court, the Attorney General, or the BIA itself. If you receive an unfavorable decision after filing an appeal with the BIA, you will want to speak to your attorney to learn if there are any other options available to appeal your case and reach a more favorable outcome.
Why Should I Hire an Immigration Appeals Attorney for My Case?
Immigration appeals can be complex and require a significant amount of work and preparation even before the appeal can be filed with the appropriate authorities. Most of the process takes place in writing and requires careful drafting of effective arguments to present your case in the best possible light, which requires the skills and knowledge of an experienced immigration appeals attorney.
Your attorney can help you by assessing the viability of your case and giving you an honest evaluation of your chances of success. The attorney can also play a crucial role in preparing an effective appellate brief, which requires extensive research and gathering of supporting documents and evidence to craft a compelling legal argument for your case. In addition, your attorney can represent you and make arguments on your behalf during hearings or oral arguments, acting as an advocate for your rights and ensuring you receive fair treatment.
A skilled immigration law attorney can also make sure your case is handled properly, and all documents are filed in a timely manner and in accordance with all applicable legal procedures. Your attorney can also be a valuable resource to help you understand the laws affecting your case and to assist you in making informed decisions.
Filing a successful appeal with the AAO or BIA without legal representation is extremely difficult and nearly impossible. There is no reason to try and figure it all out on your own. If you need to appeal a negative decision on your immigration case, consult the immigration lawyers at the Espinoza Law Group by calling 213-667-0701 and requesting an initial consultation to discuss your legal matters.
