Immigration Appeals Attorney
Even the most well-meaning immigrants and non-immigrants sometimes find themselves in hot water with U.S. Citizenship and Immigration Services (USCIS). Perhaps they misunderstood the requirements of a visa application or made a small mistake that led to deportation proceedings.
At times, the fault lies not with the immigrant but with USCIS itself. The agency is notorious for losing documents, making math errors, and giving contradictory instructions to applicants. An immigration judge might also make an unfavorable ruling based on a misunderstanding of your unique situation.
When you find yourself in any of these predicaments, the best course of action is to file an immigration appeal. With the help of an experienced immigration attorney, at Olubusayo Fasidi PC, you can put your case in front of the Board of Immigration Appeals (BIA).
Contact our office today to schedule a consultation with an immigration appeals lawyer. We will review your case and help you determine whether filing an immigration appeal is the best way to achieve your desired outcome.
What Is an Immigration Appeal?
An immigration appeal is a type of review process in which an immigrant contesting a deportation order or other negative decision by USCIS can have their case reheard by the BIA. The BIA is a body of judges that hear cases and issue decisions regarding immigration law.
The BIA does not hold new hearings but rather reviews the record of proceedings to determine whether any errors were made that warrant overturning the decision. In order for an appeal to be successful, you must be able to show that the decision was incorrect and that it resulted in prejudice or hardship
It is important to note that not all decisions made by USCIS or an immigration judge can be appealed. Some final orders, such as those issued following a criminal conviction, are not subject to review. In addition, certain types of applications, such as asylum applications, can only be appealed if you request a review within a certain time frame.
An immigration attorney can help you determine whether your case is eligible for an appeal and, if so, what type of appeal to file.
What Are the Different Types of Appeals?
There are five main types of immigration appeals:
Appeals through Administrative Appeals Office (AAO)
The Administrative Appeals Office (AAO) is an independent adjudicatory body within U.S. Citizenship and Immigration Services (USCIS). The AAO’s mission is to adjudicate immigration and nationality cases and certain employment-based petitions, to provide greater uniformity, centralized decision-making, and enhanced quality review of USCIS adjudications.
Appeals From the Decision of an Immigration Judge
Decisions made by an Immigration Judge can be appealed to the Board of Immigration Appeals (BIA). Like the AAO, the BIA is an administrative body that reviews immigration cases to ensure the correct interpretation and application of immigration law. However, their focus is on decisions made by Immigration Judges. The appealing party must present a convincing argument that the Immigration Judge made a legal or factual error in their decision.
Once the BIA receives an appeal, it reviews the case record, which includes the transcript of the hearing with the Immigration Judge, exhibits, and any briefs submitted by the parties. The BIA can affirm, reverse, or remand the decision for further proceedings. Our immigration appeals attorney offers aggressive representation before the BIA.
Federal Circuit Court Appeals
If the BIA denies your motion to reopen or reconsider, you may be able to file an appeal with the federal circuit court in your jurisdiction. This is generally considered a last resort, as it is expensive and time-consuming.
However, it may be the only option available if you believe the BIA made a legal error in its decision. An immigration attorney can help you determine whether an appeal to federal court is appropriate in your case.
If you are facing deportation due to a criminal conviction, you may be able to appeal your case on the grounds that your conviction was incorrect or that it resulted in prejudice or hardship.
Criminal appeals are very complex and should only be handled by an experienced immigration attorney.
Petition for Review
A petition for review is a request to the federal court of appeals to review a decision made by an immigration judge. This type of appeal is only available in cases where the immigration judge upheld the denial of your application or petition.
Like criminal appeals, petitions for review are complex and should only be handled by an experienced immigration attorney.
Our immigration attorney can help you determine which type of appeal is appropriate for your case and guide you through the appeals process.
How Our Immigration Attorney Can Help
We have extensive experience handling all types of appeals, including those through the Administrative Appeals Office (AAO), motions to reopen or reconsider with the BIA, federal circuit court appeals, criminal appeals, and petitions for review.
Our immigration attorney will review your case and help you determine which type of appeal is appropriate. We will then guide you through every step of the appeals process, ensuring that your rights are protected and that you have the best possible chance of success.
We also represent clients in all types of immigration proceedings, including those before the USCIS, Immigration Court, Board of Immigration Appeals (BIA), and federal appeals courts.
Talk to an Immigration Appeals Attorney Today
If you have been denied an immigration benefit, or if you are facing deportation, contact us today to schedule a consultation with our immigration attorney. We will review your case and help you determine the best course of action