Has your USCIS petition been denied by USCIS, and you wish to file a Motion to Reopen/Reconsider or appeal to the Administrative Appeals Office?
Has your immigration case been denied by an Immigration Judge after an immigration court hearing, you have been ordered removed, and you wish to file an appeal before the BIA?
Do you have an order of removal but you are now eligible for relief from removal, and you wish to reopen your case before the Immigration Court or the BIA?
Has your appeal or motion before the BIA been denied and you wish to appeal before the Circuit Court?
We can help you with all of the above situations.
Why an Immigration Appeals Lawyer
- Detailed review of the case that was denied or not granted, and analysis of the issues to be presented on appeal.
- Preparation and submission of motion or appeal, in accordance with Immigration guidelines, with the appropriate documents and supporting evidence.
- Attorney writes a legal brief or detailed cover letter outlining the legal requirements, the case background, and makes arguments using the case facts and law to address the issues and make the request for the motion or appeal to be granted.
Requirements for Immigration Appeals
An appeal has to be based on the law and the facts of your case must meet the legal requirements. You may appeal your case depending on the reasons for why it was denied, the evidence that you provided or did not provide, what new evidence or facts you can present, and any legal considerations that affect your case.
Benefits of presenting an Immigration Appeal
- If your motion to reopen or reconsider gets approved, you do not have to file a new petition, and can get your case approved;
- You may submit new evidence with your motion or appeal, depending on the type of petition;
- If your BIA appeal is granted, you may have another opportunity to present your case before the Immigration Court;
- If you win your appeal, you do not have to leave the country right away; and
You may ultimately have a final approval decision and get a Green Card.
FREQUENTLY ASKED QUESTIONS
Depending on the reasons for the denial of your petition, it may make more sense to file a Motion to Reopen and/or Reconsider, rather than an appeal before the AAO. Other times, it is better to directly appeal to the AAO. Sometimes you might only have the option of doing one depending on what the decision states.
If your case is denied and an Immigration Judge issues an order of removal, you will be removed from the U.S. Sometimes you can appeal the decision of the Immigration Judge. Depending on the decisions and reasons for the denial of your case, you may decide not to appeal. It is best to consult with an attorney to understand your situation.
You can file a new petition while the appeal is pending. Depending on the reasons of the denial, sometimes you might wish to file a new petition and other times, wait for the decision on the appeal before filing a new petition.