Understanding Immigration Appeals In The United States

Handling a rejection or negative outcome in your immigration case can make you upset, puzzled, and concerned about what lies ahead. You might question if there is any way to overcome this major obstacle. The positive aspect is that, in numerous instances, you possess the right to contest an immigration ruling you think was wrong or unjust. So, don’t give up.

Whether it is a rejection on a crucial visa application, you are under deportation proceedings, or you have been issued a deportation order, contesting could be your most viable option. However, fighting for favorable immigration outcomes in the US involves many obstacles that require thoroughly comprehending one’s legal entitlements.

This shouldn’t be a problem. We will guide you through the fundamentals of dealing with immigration appeals, helping you grasp your choices.

What is the immigration appeal process about?

The process for challenging immigration decisions is a legal route that people can take if they are unhappy with the outcomes made by immigration authorities. It offers the opportunity to explain your situation to a more senior group. This way, you ask for a change or reversal of the ruling.

This approach is essential for maintaining equity and justice in matters related to immigration. Navigating the immigration appeals procedure can be complex. It requires a detailed strategy that acknowledges the distinct characteristics of every person’s situation. This post aims to explain the details of US immigration appeals.

This involves looking deeply into the different immigration courts and organizations involved, including the Board of Immigration Appeals (BIA) and the federal courts. As we lead you through these steps, we highlight the significance of developing a customized plan to meet each person’s needs.

Tips before filing an immigration appeal

Getting ready is key to winning an immigration appeal. You need to concentrate on carefully gathering all the needed paperwork while developing strong legal cases. This phase is crucial, as it sets the stage for a powerful appeal to reverse a negative immigration verdict.

An immigration lawyer can merge in-depth research with a deep legal understanding to build a solid appeal for you. In the field of US immigration law, rulings can significantly impact a person’s status and their right to stay in the country. If you or someone close to you has encountered an unjust immigration ruling, understanding the appeal process’s details is the initial step toward fighting for justice.

You must be armed with the knowledge and tools to contest these rulings effectively. Moving forward, we will delve into the key elements of appealing immigration rulings in the US, offering a straightforward guide for the way ahead.

The different immigration appeals

1. Administrative appeals.

If the USCIS rejects your request, you can request a review from the Administrative Appeals Office. This office is a part of USCIS and deals with cases that have been turned down. Nevertheless, a specific procedure exists for requesting a review for certain applications.

This includes those under form I-130, which is for a Petition for an Alien Relative, or form I-360. These matters are under the authority of the Board of Immigration Appeals (BIA). The application steps for this appeal include:

• Check if you are eligible – Only those directly impacted and have legal rights, usually a petitioner or an applicant, can submit an appeal. Review the notice you got for the negative ruling. It will indicate whether you have the right to appeal.
• Complete the right form – Complete form I-290B and highlight any errors in the first decision made on the form or add a statement.
• Pay fee – Submitting the necessary paperwork costs a fee. But you can ask for a fee waiver if you can’t afford it. Nonetheless, if you’re a citizen of Iraq or Afghanistan filing an appeal for a visa denial, this fee might not be required.
• Submit on time and to the right place – Submit the appeal within a month following the delivery of the decision or 33 days if the decision was sent by mail. Certain decisions have varying deadlines, so review the decision notice and the guidelines on Form I-290B for detailed information. The appeal is deemed to be filed at the designated USCIS office on the day it is received there, not the day it was sent. Avoid sending appeals straight to the AAO. Instead, refer to the addresses provided here. Any appeals sent to the AAO without following this guideline will be declined and sent back.
• Send more documents and follow up on your appeal – Choose between adding a short document or more proof, or you should send them by the deadline. Offer thorough explanations or summaries pointing out mistakes and supporting claims with trustworthy, pertinent proof. Add a full translation in English for any document written in a different language. Monitor your appeal and any calls for more proof or alerts from USCIS. You can ask for your appeal to be processed more quickly if needed.
• Wait for a decision – The USCIS office that initially made the ruling will examine the appeal initially, typically within 45 days. During this examination, the appeal could be accepted or sent to the AAO for additional review.

2. BIA appeal.

The appeal of an immigration court’s decision usually proceeds through the BIA. Some applications (mentioned earlier) could also be subject to the BIA’s authority. In this type of appeal, you must follow these steps:

• Complete the form EOIR-26. In the initial sections, provide essential information about yourself and state the reason for your appeal. It is crucial to detail your disagreement with the decision made by the Immigration Judge. Clearly state the specific decisions and judgments you disagree with and any proof that backs them up.

Mostly, these appeals are decided by a single person. However, if you think your case needs a broader panel of three people, please indicate your wish on the form. Additionally, inform the board if you are interested in presenting arguments in person or plan to submit a brief or statement following the appeal process.

If you intend to submit more documents after submitting the Notice of Appeal, explain the reasons for your appeal thoroughly. If you fail to do so, your appeal will not be considered. Ensure you sign your name on the form. If you omit this, the BIA won’t consider your appeal seriously.

The main form to use when contesting a verdict by an immigration court in a BIA matter is form EOIR-26. But it is important to know about other essential forms, too. Form EOIR-29 is used if you are contesting a judgment from a Department of Homeland Security official.

This includes situations when a visa is refused, or a citizenship application is rejected. For a challenge to a judgment related to a lawyer’s misconduct, utilize form EOIR-45. The BIA and immigration court have specific forms for requesting a review or reconsideration of a case.

• Put the other party on notice. Send a duplicate of the finished Appeal Notice and any related documents to the Assistant Chief Counsel at US Immigration and Customs Enforcement (ICE), who represents the other side. You must also fill out and sign the “Proof of Service.” For requests to reopen or reconsider, provide a copy to the other side’s lawyer and the immigration court or Board of Immigration Appeals.

Sometimes, you need to notify other involved parties, such as the DHS district counsel for your region. It is crucial to review the guidelines for each form thoroughly. This action is of great significance. Not correctly serving the other side could lead to denying your appeal.

• Pay fee. The cost of the appeal will differ based on your situation. Appeals for practitioner disciplinary cases carry a much greater cost (Form EOIR-45). If you cannot afford it, include a completed Fee Waiver Request (Form EOIR-26A) with your Notice of Appeal. The BIA needs to get your Notice of Appeal within 30 days. You should send in your appeal before the deadline.
• Submit your arguments. The court will set up a schedule that shows when you and the other side need to hand in legal documents backing up your claims. Make sure to stick to the schedule. The government is expected to file a reply document, so pay close attention and prepare to respond. Concentrate on addressing their main arguments. There are no hearings at the BIA, but the immigration court might conduct a hearing for requests to reopen or review the case, during which you can present your side.
• The BIA decision. Decisions can be made by a single Board Member, a group of three, or occasionally, the whole Board. The level of difficulty and importance of the situation will dictate the decision-making process. After a Board concludes, they will send the decision via regular mail to both parties. In certain situations, these decisions can also be communicated electronically using ECAS.

The decision from the Board is considered final from an administrative perspective unless the Board, the Attorney General, or a later federal court decides to alter the decision. If no stay or injunction is issued, all parties must adhere to and act upon the Board’s decision. If you get a decision that is not in your favor from the Board, discuss it with your immigration lawyer to determine if you have the basis to appeal the decision further through a federal court lawsuit or other legal means.

The basis of an appeal

Most appeals are based on a few common reasons. These reasons can range from mistakes made during the first step of making a decision, wrong ways of understanding immigration laws, or new evidence that wasn’t looked at before. Here is a short list of reasons why immigration decisions can be challenged:

• Mistakes in understanding the law or facts by the immigration judge or officer.
• Questions about whether certain evidence is allowed.
• Claims that the process was not fair.
• Decisions are made without enough proof.
• New situations or evidence that come up after the first immigration decision.

To understand and argue these reasons, you need a deep understanding of the law, which an immigration lawyer can offer. With this knowledge, you can build a strong case to overturn the bad decision.

Get help!

The chance of success in immigration appeals depends on many things. The most crucial is getting an experienced immigration lawyer. They can significantly improve your chances of obtaining a great outcome. At Gehi and Associates, we understand the crucial role Immigration appeals play in shaping our clients’ futures.

It is our commitment to ensure they are fully aware of their right to appeal. Although this process can seem overwhelming, we are here to explain the essential details needed to file an appeal successfully.