What are immigration appeals and what type of immigration decisions are subject to appeal? If your application for immigration has been denied and you have been ordered to leave the United States, you still have the option of appealing the final decision. You have the right to appeal the decision within 30 days after service of the decision.
An immigration appeal is a request for a higher authority to reverse the decision of an immigration judge. When you receive your denial notice from the United States Citizenship and Immigration Service (USCIS), it will counsel you on the right to appeal, who to appeal to, and will provide you with the deadline and form you will need to file for your appeal.
The office of Pastor & Deromemaj has successfully helped families and individuals to overcome immigration obstacles on their journey to building their new lives in the United States.
Call (248) 619-0065 today to schedule a private consultation with an immigration attorney to determine your options. Or, contact us here.
A few common appealable decisions are: (1) decisions to deny or revoke an immigrant petition for a relative; (2) orders of removal from the United States; (3) denied application for naturalization or citizenship. There are few appealable decisions based on the Immigration Judge's errors. They include: (1) the immigration judge overlooking or ignoring evidence; (2) judge failing to properly consider testimony from your witnesses (3) immigration court rule used in an unfair and unjust manner.
You can either appeal to the Board of Immigration Appeals (BIA) or the Administrative Appeals Office (AAO). Your denial notice will tell you which office is the appropriate one.
If you are not satisfied with the decision issued by U.S. Citizenship and Immigration Services (USCIS), you may file an appeal with the Administrative Appeals Office (AAO). You must file an appeal within 30 days after you receive the decision. The AAO's jurisdiction only expands to 40 different petitions and applications. You are allowed to file only one appeal for the denial.
With the AAO, you can file an appeal, a motion to reopen or a motion to reconsider. A motion to reopen includes new facts, and you are asking the office to reexamine its decision based on those new facts. A motion to reconsider has to establish fault within the application of law or policy. Both motions have a filing fee, and you can include a brief with the motion. An immigration attorney is not required, but it is strongly advised that you have an immigration attorney, who is familiar with the process, with you.
The Board of Immigration Appeals (BIA) is the highest authority for immigration law in the United States. Their job is to interpret and apply immigration laws, and they have the right to appeal the previous judge's decision. The BIA has nationwide jurisdiction, and most of their cases deal with the orders of removal and applications from relief of removal. BIA decisions are binding and can only be overruled or modified by the Attorney General. If you have to file with the BIA, seek immediate assistance from Pastor & Deromemaj. They are Michigan's finest immigration attorneys, and an appeal to the BIA cannot be handled without an immigration attorney representing you.
The office of Pastor & Deromemaj has successfully helped families and individuals overcome immigration obstacles on their journey to building their new lives in the United States. If you live in Michigan and need help filing an immigration appeal, Pastor & Deromemaj will be there to advise you along the way. Call us today to schedule your consultation with an immigration attorney.