Archive for category: Appeals

What Happens After BIA Appeal? 

After a BIA Appeal has been submitted, a comprehensive review will be conducted. It involves examining the grounds for appeal, assessing the evidence presented, and evaluating its alignment with immigration laws and regulations. Embarking on an appeal with the Board of Immigration Appeals (BIA) is a critical moment in an individual’s immigration journey. The BIA serves as the highest administrative body for interpreting and applying immigration laws in the United States and is entrusted with reviewing and adjudicating appeals in immigration cases. 

Whether facing deportation orders, seeking asylum, or challenging other immigration decisions, trust Bassey Immigration Law Center, P.A., to fight for your future. Look to our knowledgeable law firm for thoroughly researched recommendations, workable strategies, and responsive service for the entirety of the immigration process. Schedule an affordable consultation today.  

Potential Outcomes After a BIA Appeal 

Once a party files an appeal with the Board of Immigration Appeals (BIA), jurisdiction is transferred to the Board, removing the immigration judge’s authority over the case. The BIA will then conduct a comprehensive review of your appeal. This involves examining the grounds for appeal, assessing the evidence presented, and evaluating its alignment with immigration laws and regulations.  

The outcome of a BIA appeal can result in the following: 

  1. Approval: If the BIA approves the appeal, it may reverse the decision of the immigration judge or officer, leading to favorable outcomes such as granting asylum, adjustment of status, or cancellation of removal.  
  1. Remand for Further Proceedings: In some cases, the BIA may find procedural errors or insufficient evidence and remand the case back to the immigration court for further proceedings. This provides an opportunity for a more thorough review of the case or the presentation of additional evidence. Those whose cases are remanded should work closely with an F.L. appeals lawyer to prepare for the next steps and ensure that all necessary documentation and arguments are presented effectively. 
  1. Denial: If the BIA upholds the original decision, the appeal will be denied. While a denial can be discouraging, individuals can pursue further appeals by seeking review in the Federal Circuit Court of Appeals. If you opt for this, you must submit a document, known as a “petition for review,” within 30 days of the BIA’s decision. You have the option to request that the court halt the government from deporting you while your case is under review. However, it is important to note that court approval of this request is not guaranteed. 
  1. Dismissal: Appeals may be dismissed for procedural errors or other reasons. 

Upon reaching a decision, the BIA sends it to the concerned parties. It is dispatched either through regular mail or, in eligible cases, via the EOIR Courts & Appeals System (ECAS) for electronic delivery. 

Exploring Next Steps 

Depending on the result, next steps may include: 

  1. Moving forward with approved relief or adjustments to immigration status. 
  1. Exploring alternative legal remedies or avenues for relief. 
  1. Seeking guidance on voluntary departure or complying with deportation orders. 
  1. Reviewing options for further appeals or administrative actions. 

Schedule an Affordable Consultation Today  

The outcome of an appeal holds immense weight for an individual’s immigration status and future. As these processes can be complicated, consulting with an immigration appeals lawyer, particularly those familiar with the appeals process in Florida, can help guide you on the implications of the BIA’s decision and help chart the best course forward. 

At Bassey Immigration Law Center, every step of your immigration process matters. Our team, rooted in immigrant experiences, brings passionate advocacy and genuine empathy to your case. We have walked in your shoes and are here to guide you with understanding and resolve. Schedule an affordable consultation today.  

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How BIA Appeals Process Differs from Other Immigration Appeals 

Bassey Law front desk receptionist scheduling consultations to help clients with the BIA appeals process.

A BIA appeals process differs from others because preparation takes far longer. It is also a more complicated procedure. The Board of Immigration Appeals (BIA) is part of the Executive Office for Immigration Review (EOIR) under the U.S. Department of Justice. It is the highest administrative body for interpreting and applying immigration laws. The BIA usually reviews appeals regarding decisions made by immigration judges and Department of Homeland Security District Directors.  

When filing a BIA appeal, you need an experienced immigration attorney who can challenge the reason given for the deportation. A green card appeal attorney at Bassey Immigration Law Center can represent you during this critical time. We have over a decade of legal experience resolving a wide range of challenging immigration issues and know how to successfully fight for your future.  

BIA Appeals and Procedures 

Most BIA appeals concern orders of removal or applications for relief from removal. A smaller percentage can include the following: 

  • Exclusion of aliens applying for U.S. admission. 
  • Petitions to classify alien relative status for the issuance of preference immigrant visas.  
  • Motions for reopening and reconsideration of previously rendered decisions. 

The BIA is located at EOIR headquarters in Falls Church, Virginia. Because this is a federal matter, we can represent you wherever you are located. BIA appeals are seldom made in person. Instead, the BIA conducts “paper reviews.” 

Procedures  

Once the immigration judge files their decision, you have 30 days to file a Notice of Appeal with the BIA. If the deadline falls on a weekend or holiday, the next business day is the due date. The Notice of Appeal must arrive by the 30th day; mailing it by that deadline is insufficient. Further, the form must be completed in English.  

A federal investigation defense attorney ensures that your appeal is filed correctly and in a timely manner. The filing fee of $110, paid via check or money order, must accompany the notice. There is no set amount of time for the BIA to process an appeal. Generally, the BIA processes an immigration appeal within six months. More complicated cases may take a year or more.  

How a BIA Appeals Lawyer Can Help 

Your BIA appeals lawyer delves into your case thoroughly to see if there are grounds for an appeal. That involves looking into the BIA’s precedents as well as their unpublished decisions. The latter often provides direction in case preparation. If there are grounds for an appeal, the attorney will submit evidence arguing why the judge’s decision was made in error.  

What Happens If You Lose Your BIA Appeal? 

Most BIA appeals do not succeed. However, if you lose, your lawyer can file an appeal with the Federal Court of Appeals. Only the Attorney General or a federal court can modify or overrule a BIA decision.  

Schedule an Affordable Consultation Today   

Bassey Immigration Law Center is a family-oriented law firm. We will do everything possible to solve your immigration issues and meet your needs. We educate, advocate, and navigate an often rocky, time-consuming legal process for clients from all walks of life. If you are facing deportation, you must act immediately to file a BIA appeal. Contact a residency appeals lawyer, FL, at Bassey Immigration Law Center for an affordable consultation.  

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Difference Between Motion to Reopen vs. Motion to Reconsider

The denial of your immigration petition is not always the end of your application for residency in the United States. You may have an opportunity to file either a “motion to reconsider” your petition, in which case you will argue that the hearing officer did not correctly consider the facts or law in your case, or a “motion to reopen” the petition, where you present new facts and information that were not presented or available at the time you originally filed your petition.

You might also have an opportunity to file both motions to appeal the denial of your petition.

The process for filing these motions can be confusing for immigrants that are not familiar with the rules and bureaucracy of the Immigration and Customs Enforcement (ICE) agency. The Florida immigration attorneys at Bassey Immigration Law Center help immigration applicants to select and complete the correct appeal forms and to present their evidence in the strongest possible light to support a challenge to the denial of their residency petitions.

Under what circumstances do you file a motion to reconsider?

You would file a motion to reconsider when the agency that denied your residency petition did not correctly apply the law or policy that affects your case. This motion is based entirely on the evidence that you submitted with your original petition, and no new evidence will be considered. In your motion, your immigration appeals lawyers will include citations to specific laws, regulations, and legal opinions to argue how the original decision on your case was incorrect.

You generally have 30 days to file your motion to reconsider after the date on which your original petition was denied. Contact an immigration lawyer quickly after that denial to allow ample time to prepare the motion.

Under what circumstances do you file a motion to reopen?

You would file a motion to reopen your case when new facts and information might cause a reversal of the original decision. For example:

  • The immigration court or agency that reviewed your original petition failed to notify your lawyer about a hearing.
  • The situation in your home country has changed such that you would be in danger if you went back.
  • New facts might affect your case, such as a criminal court vacating a criminal conviction that caused the denial of your original petition.
  • You have become eligible for residency under a new standard, such as changes to the immigration status of members of your family.
  • The attorney that handled your original petition did not provide effective assistance.

Barring exceptional circumstances, you generally have 90 days from the date of a deportation order to file a motion to reopen your case. 

Contact the Attorneys at Bassey Immigration Law Center

The Clearwater, FL immigration attorneys at Bassey Immigration Law Center have more than two decades of experience in representing immigrants to avoid deportation.

Please contact us online or call Bassey Immigration Law Center for answers to your questions about a motion to reconsider or reopen an immigration petition that has been denied, and for confidential and discrete assistance with all immigration matters. Your chances of success in appealing your case will immediately increase when you contact our law firm.

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Appealing a removal order can be a complex process

Appealing a removal order can be challenging for immigrants looking for permanent residence. Immigration laws are complex, and there are changes to these laws on a regular basis. As a result, it can be difficult for an individual or Florida family to accomplish their immigration goals. While trying to get a green card or take the next step in the immigration process, it may become necessary to take steps to appeal a removal order.

It can be devastating to learn of a removal order, as this means the government intends to remove that individual from the United States. This can feel like a setback for many hardworking families and individuals who have been trying to obtain permission to live and work in the country. There are options for appealing this type of order and finding other alternatives than removal.

There are various appeals available to someone facing a removal order. The Board of Immigration Appeals and Circuit Court of Appeals consider these requests, or it may be possible to successfully file a motion to reopen an immigration case that was originally denied. There are also motions to stay deportation and motions for ICE stay of deportation. The right appeal or course of action depends on the details of the individual case.

It’s not easy to know what to do when an immigration case does not go as planned. While it’s intimidating to face the threat of removal, appealing a removal order is possible. Because of the various options available and the complex nature of these situations, it is beneficial to work with an experienced Florida immigration attorney from the very beginning of the process.

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What is the Board of Immigration Appeals?

The Board of Immigration Appeals can help you with your immigration visa even after you’ve been rejected. Receiving a decision from a judge that denies you or a loved one a visa to stay in the United States can feel devastating. However, a court ruling is not always the last word in immigration cases. Just as many people appeal court decisions in other areas of law, you can also appeal an immigration decision to a higher authority. The U.S. Board of Immigration Appeals (BIA) is one such authority.

The Justice Department explains that the BIA is an administrative body located in Falls Church, Virginia. While the BIA hears appeals of court decisions, it does not conduct them like ordinary courtroom proceedings. BIA determines appeals of past decisions by reviewing the decision on paper. In uncommon instances, the BIA will hear oral arguments, and usually hears these arguments at its Virginia headquarters.

Citizens and non-citizens may appeal to the BIA. The agency has jurisdiction that stretches across the country, so an immigrant in Florida or any other state may appeal a decision to it. Parties that appeal to the BIA are not limited to individual persons. Business firms may also appeal decisions to the BIA.

The BIA does not hear all appeals. The decisions the agency hears generally involve contests of removal orders or hearing applications of relief from government approval. The agency also hears appeals to reopen and reconsider existing court decisions. People also appeal to the BIA to legally classify non-citizen relatives so they can receive preference immigrant visas or to appeal fines due to infringing on immigration laws.

A BIA decision may not be the final word in the appeals process. While the BIA may overturn a prior decision, a number of ways exist to overturn the BIA appeal. The government may appeal the decision to a federal court, which could overturn the decision or modify it. The U.S. Attorney General might overrule or modify the BIA decision as well.

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Can You Appeal an Immigration Decision?

Looking for a way to appeal an immigration decision? Every year, Florida residents wait for word on their visa status. If you receive a visa denial or revocation, you may be looking for a way to appeal the decision. In some cases, you may suffer unfair denial of your visa petition. If this happens, there is some recourse for those who deal with an unfavorable decision.

According to the U.S. Citizenship and Immigration Services, you may appeal decisions to the USCIS Administrative Appeals Office or to the Board of Immigration Appeals. These entities have jurisdiction over several types of immigration cases.

When you receive your revocation or denial notice, there will be information on your appeal rights. If you can appeal the decision, these documents will inform you of how. If it states that you can appeal the decision, it will also tell you where to file said appeal. If your case is ineligible for appeal, you may still file a motion to the USCIS office to review the decision.

Most of the time, you have about 30 days to file the appeal. The clock begins to tick from the date of the decision. In instances where you have a revocation of approval of a petition, you may only have 15 days to file the appeal. No matter when you receive the notice, you want to appeal the decision as quickly as possible.

To appeal, you do not need to submit a brief. To make your appeal, you will need to identify any errors in the decision. If you cannot do that, then the USCIS may deny your appeal.

The above article is for educational purposes and is not intended to be legal advice.

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What Are Your Immigration Questions And Needs?

Contact Bassey Immigration Law Center, P.A.,

In Tampa Or Clearwater, Florida

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    11963 N Florida Ave
    Tampa, FL 33612

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    Clearwater, FL 33764

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