Immediate Help When You Or A Family Member Is Facing Removal
An immigration appeals lawyer can help if you or a loved one is facing a removal order. You may be able to appeal the removal order to stay in the U.S. and explore other options for remaining in the country on a legal, more permanent basis. At Bassey Immigration Law Center, we handle several immigration-related appeals, including:
- Appeals to the Board of Immigration Appeals (BIA): The Board of Immigration Appeals is the highest administrative body in the U.S. to handle immigration cases. Appeals handled by the BIA are typically paper appeals, which means there is not an in-person hearing on the case. The Bassey Immigration Law Center represents individuals and families who must have their cases heard by the BIA.
- Appeals to the Circuit Court of Appeals: In some situations, cases may be heard by the circuit court of appeals. In such cases, you need an experienced, talented attorney to handle your case and ensure the best possible outcome for your immigration situation.
- Motions to reopen: If your application to immigrate to the U.S. was denied – or if you have a pending order for removal but have new or additional information that could have affected the outcome of the original decision in your immigration case – you can request that the original decision-maker review the new evidence and provide a new decision.
- Motions to Reconsider: If the original decision to deny your application for immigration was made based on inaccurate or incomplete legal information, you may submit a motion to reconsider to the original decision-maker, asking them to consider your case while taking the additional legal information into account.
- Motions to Stay Deportation and ICE Stay of Deportation: If you are facing deportation or removal, you may be able to delay your removal by filing a motion to stay the deportation. Stays may be granted in certain immigration situations, but they can be difficult to obtain. Working with an experienced immigration attorney can help to streamline the process and ensure that you have the best chance at delaying your deportation so that you can pursue additional ways to stay in the U.S.
Immigration Appeals Process
The denial of your visa application or your naturalization petition is not necessarily the end of your efforts to become a permanent United States resident or a naturalized U.S. citizen. Depending on the reasons for the denial and the substance of your application, you may well have an opportunity to pursue an immigration appeal for reconsideration of your application.
Bassey Immigration Law Center helps non-U.S. citizens navigate the complex appeals process when their applications or petitions have been rejected. If you or a family member is facing removal, please call us to schedule a consultation and give your appeal the best chance at success.
Immigration appeals are processed in several different offices
Petitioners who have received an adverse immigration decision should immediately seek legal counsel (if they have not already) and begin the appeal process as soon as possible. Timing is critical to preserving your right to the appeal, as is filing it in the correct office.
- The Board of Immigration Appeals (BIA) hears motions to reconsider or to reopen decisions made by immigration law judges, including deportation orders and denials of asylum petitions
- The Administrative Appeals Office (AAO) conducts administrative review of denials impacting specific categories of immigration benefits to ensure consistent and accurate interpretations of U.S. immigration law and policy.
- Under certain limited circumstances, appeals from BIA decisions might be heard in the U.S. Circuit Court of Appeals
Given time limits for filing an appeal and the high volume of appeals that are processed in Florida, a petitioner should not hesitate to retain an experienced family immigration lawyer in Florida promptly after an immigration application or petition has been denied.
Appeals to the BIA depend on the circumstances of your case
Appeals may be brought back to court on various grounds. Your attorney will file the appropriate motion based on the stated reason for your denial. Consider two of the most common motions brought up on appeal:
- Motion to Reopen: If you have a pending order for removal but have new or additional information that could have affected the outcome of the court’s original decision you may request that the original decision-maker review the new evidence and provide a new decision.
- Motions to Reconsider: If the original decision to deny your application was made based on inaccurate or incomplete legal information, you may submit a motion for the original decision-maker to reconsider their decision with the benefit of a correct and complete record.
Motions to stay deportation
Motions to Stay Deportation and ICE Stay of Deportation may be able to delay your removal from the country. Stays may be granted in limited circumstances, but they can be difficult to obtain. A timely filed appeal to the BIA after an adverse decision, could result in an automatic stay of the deportation proceedings or a discretionary stay as requested by your lawyer.
In most cases, the stay will remain in effect until the BIA decision is rendered. If the BIA denies your appeal, the stay will be lifted, and you will again be subject to removal from the United States. Working with an experienced immigration attorney can is your best chance at delaying the deportation so that you can pursue additional ways to stay in the U.S.
Can I Appeal an Immigration Denial?
In some cases, you may be able to appeal an immigration denial, but it depends on the specific reason USCIS gave for the decision. An appeal typically must present new evidence or arguments to address the grounds for denial and strengthen your case.
If appropriate, your attorney can file an immigration appeal based on:
- Factual errors
- Misapplication or misinterpretation of the law
- Newly discovered evidence
- Procedural errors
Not all immigration denials are eligible for appeal. For example, if your application for adjustment of status is denied, you may not have the right to file a formal appeal. Instead, depending on the reason for the denial, it may be more appropriate to file a motion to reopen (to present new facts or evidence), a motion to reconsider (to challenge a legal or factual error), or, in some cases, to submit a new application.
Common Denials That Qualify for Appeal
Common denials and the forms necessary to start the appeal process include:
- Visa Denial: If USCIS denies a visa petition (such as Form I-130 or I-129), you may file Form I-290B, Notice of Appeal or Motion to challenge the decision or request reconsideration.
- Deportation Order: If an immigration judge issues a removal (deportation) order, you can file Form EOIR-26, Notice of Appeal, with the Board of Immigration Appeals (BIA) to request a review of the judge’s decision.
- Naturalization Rejection: If your N-400 application for citizenship is denied, you may file Form N-336, Request for a Hearing, to ask for a second interview and review by a different USCIS officer.
Overview of the Immigration Appeals Process
The immigration appeals process varies depending on the type of decision being challenged. The Board of Immigration Appeals (BIA) handles appeals related to removal (deportation) orders, waivers of inadmissibility, and specific denials of family-based visas.
The Administrative Appeals Office (AAO) reviews decisions on employment-based visa petitions, temporary worker classifications, Temporary Protected Status (TPS), fiancé(e) visa petitions, and other benefits under USCIS jurisdiction.
Appeals are decided based on the written record, including the application, supporting documents, and legal arguments. These proceedings do not involve in-person hearings or witness testimony.
What Happens After You File an Immigration Appeal?
If your appeal is submitted to the Administrative Appeals Office (AAO), as in cases involving employment visas, TPS, or other USCIS benefits — the same USCIS office that denied your petition will first conduct an initial field review. At this stage, USCIS may decide to reopen or reconsider the case based on the new evidence or legal arguments submitted. If it does not reverse the decision, the case is formally transferred to the AAO for appellate review.
If your appeal is filed with the Board of Immigration Appeals (BIA), typically involving removal orders or other decisions made by immigration judges, your case is sent directly to the BIA without a preliminary review by the original court.
After reviewing the case, the AAO or BIA may:
- Approve the appeal and overturn the denial;
- Deny the appeal and uphold the original decision; or
- Remand the case back for additional review, further proceedings, or a new hearing.
What Does It Mean When an Appeal Is Pending?
When an appeal is pending, that means a higher authority, such as the BIA, is reviewing it. No final decision has been made.
How Long Do Immigration Appeals Take?
The timeline for immigration appeals varies based on factors such as the current backlog, the complexity of the case, and the issues raised on appeal. On average, here’s what you can expect:
- BIA Appeals: 6 to 12 months
- AAO Appeals: Up to 180 day
- Federal Circuit Court Appeals: Approximately 12 months or longer
While your appeal is pending, you may be eligible to apply for a work permit. To do so, file Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD), if your case and status allow for it.
Filing Deadlines for Immigration Appeals
Immigration appeal deadlines are strict and often short, making timely action essential.
- BIA Appeals: You must file a Notice of Appeal (Form EOIR-26) within 30 calendar days of the immigration judge’s oral decision or the mailing date of a written decision.
- AAO Appeals: The appeal must be filed within 30 days of the date the decision was personally served, or 33 days if the decision was mailed.
- Federal Circuit Court Appeals: If appealing a final BIA order, the petition for review must generally be filed within 30 days of that decision.
- Motions to Reopen or Reconsider: These must be filed within 90 days of the final administrative decision in most cases, though limited exceptions may apply.
Because missing a filing deadline can result in your appeal being automatically dismissed, it is critical to act promptly.
Immigration Appeals Are More Successful with Legal Counsel
Bassey Immigration Law Center has helped hundreds of non-U.S. citizens become permanent residents and citizens of the United States. We represent applicants and petitioners at all levels of the immigration appeals process. Please complete our contact form or call our Florida Suncoast offices in Tampa or Clearwater to schedule a consultation. We look forward to helping you with all your immigration concerns from fiancé visas and green card applications to business investments and temporary work visas.
Speak With An Experienced Immigration Appeals Attorney
At the Bassey Immigration Law Center, our multilingual legal team supports you throughout the immigration hearing and appeals process. Talk with a Florida business immigration attorney today. Call our Tampa office at 813-600-3340, or our Clearwater office at 727-408-5170, or contact us online today.