April 12, 2024

Immigration Appeal Attorney – How to Appeal an Immigration Decision

Immigration Appeal Attorney – How to Appeal an Immigration Decision

Whether you have received an unfavorable decision from USCIS, DHS or an immigration judge, there is always the option to appeal. Our New York City immigration appeals lawyer can guide you through this process.

In an appeal, we request a higher authority to review the case and consider different evidence that may have been overlooked during the trial. We also can file a motion to reopen or reconsider.

Our Experience

Immigration appeals are not like normal cases. They are conducted by two different bodies: the Board of Immigration Appeals (BIA) and the Administrative Appeals Office (AAO). Unlike judges, these agencies do not re-weigh all evidence presented during your case, but rather look at it with a fresh perspective and make a determination on whether or not the original decision was correct.

Immigration appellate law requires precise writing, insightful argumentation, and creative but logical interpretations of immigration regulations. Our New York City BIA and AAO immigration attorney, Carlos Batara, developed these skills at Harvard Law School – one of the best in the country for this type of legal work. He will prepare your case for appeal and aggressively represent you before the BIA or AAO. In doing so, we can increase your chances of success by preventing missteps that could weaken your case. For example, we can ensure that your Notice of Appeal is filed correctly and on time.

We Can Represent You at the BIA

If you’re denied a visa, green card or naturalization or you’ve been placed in removal proceedings because an immigration judge or DHS official determined that you did not establish credible fear of persecution, you may wish to appeal the decision. This type of appeal is conducted at the BIA or, in some cases, the AAO.

The BIA is part of the Executive Office for Immigration Review (EOIR) and has 23 Appellate Immigration Judges that are located at EOIR headquarters in Falls Church, Virginia. Unlike the Immigration Courts, the BIA does not conduct courtroom hearings and instead makes decisions by conducting paper reviews of appeal filings.

When you file your notice of appeal, the BIA will send you a briefing schedule that outlines a timeframe for submission of a legal brief detailing arguments supporting your case. An experienced NYC immigration attorney from our firm can help you draft a persuasive legal brief and ensure that your case is submitted before the deadline.

We Can Represent You at the AAO

Immigration appeals are a complex process, and receiving an unfavorable decision from the government is devastating. But don’t despair; there are steps you can take to fight the rejection of your request for a visa or other benefit. Contact our New York City Immigration Appeal Attorney to discuss your case and determine if there are grounds for an appeal.

Immigration appeals may be filed against decisions made by immigration judges and Department of Homeland Security officials. The Board of Immigration Appeals (BIA) hears these types of appeals. Unlike hearings before the immigration judge, there is no oral argument at the BIA or AAO. Instead, the parties file an elaborate brief outlining why the original decision should be reversed.

The AAO reviews a number of USCIS determinations, including, but not limited to, most employment-based immigrant and nonimmigrant visa petitions, K-1 fiance petitions, T and U visa applications for victims of human trafficking, requests to preserve residence for naturalization purposes, waivers of inadmissibility, and orphan petitions. The deadline for filing an immigration appeal at the AAO is 33 calendar days from the date on which USCIS mailed the unfavorable decision.

We Can Represent You at the Circuit Court of Appeals

Immigration officials aren’t perfect – and sometimes they make unfavorable decisions. If you have received a negative decision concerning your Green Card, citizenship, asylum, withholding of removal, or a similar request, you may be eligible to file an appeal.

Our firm has represented clients at the highest level of the appeals process. We have tried cases at the BIA and at the AAO, and we can represent you in a full appeal to the Circuit Court of Appeals.

We are also familiar with filing motions to reopen or reconsider at the BIA and AAO. This allows us to help you correct errors made by immigration officials and pursue the benefits you desire. The results of an appeal can be very favorable, such as reversing an initial unfavorable decision or granting the immigration benefit you seek. Our firm provides reliable guidance and counsel throughout the entire appeals process. We will work diligently to resolve your case quickly and successfully.