Immigration Appeals Lawyer


What Can You Do If You Lose Your Immigration Case?

If you had an immigration case in court or with the United States Citizenship and Immigration Services (USCIS) and you lost, this is not the end. You can fight the decision. Mistakes are made by judges and immigration officers alike, and you do not have to accept their incorrect conclusions. A knowledgeable attorney with extensive experience doing appellate work can help overturn the decision and put your immigration situation back on track.

Appealing Court Decisions

After the judge hears your case, he/she may either grant or deny your request. If you win, the government may still appeal it and you must show the Board of Immigration Appeals (BIA) why the decision is correct. If you lose, you should reserve your right to appeal and give yourself 30 days to put your case before the Board. During this time, you can stop deportation from the United States. Seek a good immigration appeals lawyer, who will review the entire record, prepare the proper paperwork and put forward strong arguments for you when filing your case with the Board. This could make the difference between whether you win or lose your appeal.

Reversing Incorrect Decisions from USCIS

The majority of applications for an immigration benefit in the United States go to USCIS. With this kind of volume, it’s not uncommon to see numerous mistakes from the government that hurt applicants and cost them precious filing fees and missed opportunities. Not only are you dumbfounded by the result when you open the denial letter but what to do next is confusing and complex. Punctuality, accuracy and a thorough understanding of the different procedures and forms is vital to improving your chances with an appeal. In some situations, an appeal may not be the best solution for you and it is quicker and easier to file a new application. A qualified immigration attorney can answer questions on how to move forward and explore your options with you.

Immigration Attorney Serving All 50 States

Immigration Appeals Attorney, Cheryl Fletcher, will handle you case personally and give it the time and attention that it deserves. Mrs. Fletcher has been fighting for immigrant’s rights for years and has hundreds of satisfied clients. She has seen despair in the faces of many potential clients during the initial consultation. Those same faces are overcome with joy when the appeal is successful.

The Fletcher Law Office is conveniently located in West Palm Beach, Florida and we serve clients throughout the United States. We are available in-person, via phone, or video conference. Schedule a confidential consultation and we will review your paperwork and provide the best legal strategy for your case.

Immigration Appeals FAQs

What is the Board of Immigration Appeals?2020-07-24T02:56:46-05:00

The Board of Immigration Appeals (BIA) is the nation’s highest administrative body for applying immigration laws. It is located in Falls Church, Virginia. The BIA reviews decisions from immigration judges, nationwide, and from the Department of Homeland Security, including United States Citizenship and Immigration Services (USCIS). The BIA rarely conducts in-person hearings and makes most decisions via a “paper review.”

Can a Deportation or Removal Order be Appealed?2020-07-24T02:54:31-05:00

Yes. If you lose your case in immigration court, you have 30 days to file an appeal with the Board of Immigration Appeals (BIA). Most appeals usually end here, despite the outcome. If you are not victorious at the BIA level, in certain instances, a further appeal to the U.S. Court of Appeals may be possible. You make seek review with the U.S. Supreme Court (SCOTUS) if the decision with the U.S. Court of Appeals is unfavorable but the chances of SCOTUS reviewing your case are extremely slim.

Will I Have to Appear in Court for My Appeal?2020-07-24T02:54:05-05:00

Generally, the Board of Immigration Appeals (BIA) does not conduct courtroom proceedings. It conducts a “paper review” of the case and makes a decision. On the rare occasion that it agrees to hear oral arguments, you should attend, if you are representing yourself. If you have an attorney, you may attend but only your attorney will be allowed to address the Board.

You may attend oral arguments before the U.S. Court of Appeals. If you have an attorney, the attorney will address the court, while you observe. You will not be asked any questions. Self-represented persons act as their own attorney and must adhere to court procedures, make their arguments and answer questions.

Can I be Deported While the Appeal is Pending?2020-07-24T02:53:36-05:00

Generally, if you are appealing a negative decision from an immigration judge to the Board of Immigration Appeals (BIA), the removal process is automatically stayed (stopped). The appeal has to be filed within 30 days of the judge’s ruling. However, mistakes do happen and it is not unheard of for someone to be deported while their appeal is pending.

If you lose your case with the BIA, you have 30 days to appeal with the U.S. Court of Appeals. You can be deported during this 30- day window, so it is important that you file your appeal quickly. You will have to file a “stay of removal” while your appeal is pending with the U.S. Court of Appeals, to be safe from deportation while you wait. However, filing a “stay of removal” is risky as it could prompt the government to arrest you and keep you detained while waiting for the decision. If you lose, this allows a quick deportation process, as you are already in custody.

What If I Lose My Appeal with the Board of Immigration Appeals (BIA)?2020-07-24T02:53:07-05:00

In most circumstances, that case is over and you are to depart the United States or Immigration and Customs Enforcement (ICE) agents will begin the deportation process. In the exceptional event that you are able to take your case to the Federal Court of Appeals, you will need a stay of the removal order for you to remain in the United States, while the appeal is pending.

Can I Appeal a Decision from USCIS?2020-07-24T02:51:39-05:00

Yes. If an I-130 Petition for Alien Relative was denied, you may file an appeal with the USCIS office that denied your case. If you lose there, you may further appeal this decision with the Board of Immigration Appeals (BIA).

You cannot appeal a denial of an I-485 Application for Adjustment of Status. You may file a motion to reopen or reconsider with USCIS and if USCIS does not give you a favorable outcome, your case is sent to the Administrative Appeals Office (AAO) for a final review.

You may also file a new I-485 application and pay the filing fees.

If your U.S. Naturalization Application is denied, you may file an appeal with the local USCIS office.

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