The Complete Guide to Immigration Appeals
Sometimes immigration officials return unfavorable decisions, such as not approving a petition or refusing to allow a person to remain in the United States. When that happens, some people have the chance to appeal. But what are immigration appeals, how do you file one, and what can happen if you do? This guide explains.
What Are Immigration Appeals?
An immigration appeal is a type of legal proceeding in which a person who has been denied entry into the United States, denied adjustment of status or who has been ordered to be deported from the country challenges that decision. The appeal is filed with a higher court, and if the court agrees with the appellant (the person who was on the receiving end of an unfavorable immigration decision), it will overturn the original decision and allow the person to stay in the United States.
What Can You Do if You Don’t Agree With a USCIS Decision?
If you receive an unfavorable decision from USCIS, there are a few things you can do. You can file an appeal or a motion to reopen your case. You can also consult with an immigration attorney to see if they can help you with your case.
How to File an Immigration Appeal
If you disagree with a USCIS decision, you have the right to file an appeal. The first step is to file a Notice of Appeal or a Motion to Reopen your case within 30 days of receiving the unfavorable decision. You will then need to submit a brief explaining why you believe the USCIS decision is wrong. After USCIS receives your appeal, they will review your case and issue a new decision.
What is a Motion to Reopen in an Immigration Case?
A motion to reopen is a formal request made to the court to have your case reopened. This is usually done when you have new evidence or information that was not previously available, and you believe this will change the outcome of your case. In order to have your motion to reopen granted, you must prove that there are grounds for it, and that you will be prejudiced if your case is not reopened.
There are a few different grounds on which you can base a motion to reopen, but the most common is that you were unable to attend your original hearing due to extenuating circumstances. This could include things like being hospitalized or incarcerated or having a family emergency that prevented you from being able to attend. If you can show that you had a valid reason for not being able to attend, and that you would have been able to present your case if you had been there, then you may be successful in having your motion to reopen granted.
Another common ground for filing a motion to reopen is that new evidence has come to light that was not available at the time of your original hearing. This could be something like a new witness who can testify to your character, or new evidence that supports your claim. If you can show that this new evidence would likely change the outcome of your case, then you may be successful in having your motion to reopen granted.
Finally, you may also be able to file a motion to reopen if you believe that you were prejudiced in some way by the decision in your case. This could be because the decision was based on incorrect information, or because you were not given a fair chance to present your case. If you can show that you were treated unfairly in some way, then you may be successful in having your motion to reopen granted.
If you are considering filing a motion to reopen in your immigration case, then you should speak with an experienced immigration attorney. They will be able to help you determine if you have a valid basis for your motion, and they can also assist you in gathering the necessary evidence and documents to file your case.
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How to File a Motion to Reopen
If you believe that USCIS made a mistake in your case, you can file a Motion to Reopen. This must be done within 90 days of receiving the unfavorable decision. You will need to submit evidence showing that USCIS made a mistake. USCIS will then review your case and issue a new decision.
What If I Still Disagree With the New Decision?
If you still disagree with the new decision issued by USCIS, you can file another appeal or motion to reopen. You can also contact your local congressman or senator, or you may wish to get in touch with an immigration attorney.
Who is in Charge of Hearing Immigration Appeals?
The Administrative Appeals Office (AAO) of USCIS reviews certain immigration decisions made by USCIS officers and makes its own decisions. The AAO’s decisions are binding on USCIS. Some of the types of cases that the AAO hears are:
- Appeals of decisions on applications for asylum and refugee status
- Appeals of denials of requests for waivers of certain grounds of inadmissibility
- Appeals of denials of petitions for Alien Entrepreneurs
- Appeals pursuant to the Cuban Refugee Adjustment Act of 1966
The AAO does not have jurisdiction over all immigration decisions. For example, the AAO does not have jurisdiction over decisions made by immigration judges or decisions made by the Board of Immigration Appeals.
The Board of Immigration Appeals (BIA) is in charge of hearing immigration appeals that the AAO cannot. The BIA is a part of the Executive Office for Immigration Review (EOIR). The EOIR is responsible for adjudicating immigration cases. The BIA takes on appeals from decisions made by immigration judges and district directors of USCIS.
Common Questions About Immigration Appeals
Check out these common questions about immigration appeals. If you don’t see the answer to your question here, call our office for a free consultation – we’ll be happy to give you the answers you need.
How Much Time Do You Have to File an Immigration Appeal for an Unfavorable Immigration Decision?
If you have received an unfavorable immigration decision, you may be able to file an immigration appeal with the appropriate court. The amount of time you have to file an appeal depends on the type of decision you received. For example, some decisions require you to appeal within 30 days, while others have longer time frames; if you have been granted asylum, you generally have 60 days to file an appeal with the BIA – but if you’ve been ordered to leave the U.S., you may have to do it within 30 days.
If you do not file your appeal within this timeframe, you will generally be unable to seek review of your case.
There are a few exceptions to the 30-day deadline. For example, if you can show that you did not receive proper notice of the removal order, or if you can show that you were mentally incompetent at the time the order was issued, you may be able to file your appeal outside of the 30-day window.
If your appeal is denied by the BIA, you may be able to file a petition for review with a federal court of appeals. The time limit for filing a petition for review depends on the circuit in which you file your appeal. You should consult with an experienced immigration attorney to determine the applicable time limits and filing requirements for your case.
Does My Lawyer Need to Submit a Brief When Filing an Immigration Appeal?
If you are planning to file an immigration appeal, you might be wondering if your lawyer needs to submit a brief. The answer to this question depends on the specific circumstances of your case. In some cases, attorneys draft them – but in others, they don’t. It’s best to talk to your attorney about your specific case. If you’re considering writing your own brief, you should speak to an attorney first.
Why Are Some People Denied Entry Into the U.S., and Why Are Some People Ordered to Leave?
There are many reasons why someone might be denied entry into the United States, such as if they have a criminal record or if they are suspected of having ties to terrorist organizations. If a person is ordered to be deported, it is usually because they have committed a serious crime while in the country. However, there are also many people who are ordered to be deported even though they have not committed any crime. This can happen if the person is suspected of being in the country illegally or if they are considered to be a public safety risk.
If you have been denied entry into the United States or have been ordered to be deported, you may be able to file an immigration appeal. This type of appeal is usually filed with a higher court, such as the Court of Appeals for the Second Circuit. The court will then review the case and make a decision on whether to overturn the original decision.
Do You Need an Attorney to File an Immigration Appeal?
Most people choose to work with an attorney on immigration appeals because they’re not familiar with the way the U.S. immigration system works. If you are considering filing an immigration appeal, it is important to speak with an experienced immigration attorney who can help you. Call our office today to schedule your free consultation with a caring immigration attorney who understands appeals and motions – we’ll be happy to answer your questions.