How to Appeal an Immigration Decision

Notice of Appeal or Motion Form on Clipboard

How to Appeal an Immigration Decision

Facing an unfavorable immigration decision can be a disheartening and stressful experience. Whether your visa application was denied, a deportation order was issued, or your petition for permanent residency was rejected, it is important to know that you have options to challenge the decision. At Henry & Grogan, we understand the complexities of the immigration system and are here to guide you through the appeals process.

Appealing an immigration decision is a legal avenue available to individuals who believe there were errors or injustices in their case. It provides an opportunity to present additional evidence, correct misunderstandings, or challenge the decision on legal grounds. In this blog post, we will explain the steps involved in appealing an immigration decision and highlight the importance of seeking assistance from experienced immigration attorneys.

Understand the Timeframe

When it comes to appealing an immigration decision, time is of the essence. Generally, you have 30 days from the date of the decision to file an appeal. It is crucial to act swiftly to meet this deadline, as failing to do so may result in your appeal being dismissed. Therefore, it is essential to consult with an immigration attorney as soon as possible to ensure you have sufficient time to prepare and file your appeal.

Determine the Appropriate Appeal Process

The appeal process may vary depending on the type of decision and the government agency involved. In most cases, the appeal is filed with the Administrative Appeals Office (AAO), the Board of Immigration Appeals (BIA), or the appropriate federal court. Your immigration attorney will evaluate your case and determine the most suitable appeal strategy to maximize your chances of success.

Gather Additional Evidence

To strengthen your appeal, it is crucial to gather any additional evidence that may support your case. This can include affidavits from witnesses, expert opinions, or documents that were not previously submitted. Your immigration attorney will help you identify the necessary evidence and ensure it meets the requirements of the appeal process.

Prepare and File the Appeal

Filing an appeal requires careful preparation and adherence to specific procedures. Depending on the type of appeal, you may need to complete Form I-290B (Notice of Appeal or Motion) or Form EOIR-29 (Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer). Your immigration attorney will guide you through the paperwork, ensuring all necessary information is included and deadlines are met.

Present Your Case

Once your appeal is filed, it will be reviewed by the appropriate authority. This could be an immigration judge, the BIA, or a federal court. In some cases, you may have the opportunity to present written briefs or oral arguments (when a case involves an issue of significance and the oral argument has been approved ahead of time) to further support your appeal. Your immigration attorney will represent you throughout this process, advocating for your rights and presenting compelling arguments to challenge the initial immigration decision.

What if My Appeal Is Denied?

If an appeal is denied, applicants may be able to file a motion to reconsider or a motion to reopen their immigration case. A motion to reconsider is based on alleged errors in the application of law or policy by the USCIS officer or immigration judge. This motion should clearly outline the legal basis for the claim and provide supporting documentation.

A motion to reopen, on the other hand, is filed when new evidence becomes available that was not previously presented during the initial proceedings. This evidence must be material and could potentially change the outcome of the case. Both motions must be filed within 30 days of the immigration decision and are subject to the same filing procedures as an appeal.

Hire an Attorney to Help With Your Immigration Appeal

At Henry & Grogan, our experienced immigration lawyers have a deep understanding of the complexities of the immigration system and the appeal process. We have successfully represented numerous clients in appealing immigration decisions and securing positive outcomes. Our team is dedicated to providing personalized and effective legal representation to individuals facing challenging immigration cases.

If you are considering appealing an immigration decision, we encourage you to schedule a consultation with our immigration appeal lawyers. During the consultation, we will evaluate your case, explain the available options, and develop a strategic plan tailored to your specific circumstances.

Remember, time is of the essence, so don’t delay in seeking the assistance of an immigration attorney in Philadelphia, PA. Contact Henry & Grogan today to protect your rights and increase your chances of a favorable outcome.