Immigration Appeals in Orange County

Face the Board of Immigration Appeals with a Strong Attorney

The hope of becoming a resident of the United States can quickly become crushed if your petition for naturalization was denied. If you were recently denied, do not lose hope. There may still be the option to appeal your immigration decision. Immigration appeals are handled by the Board of Immigration Appeals (BIA). According to the U.S. Department of Justice (DOJ), this is the highest administrative body for interpreting and applying immigration laws. Appeals with the BIA are not handled in a courtroom setting, but rather will be reviewed by the Board strictly based on paper documentation.

To make this kind of appeal, you will have to file a Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS (Department of Homeland Security) Officer. This document is not filed directly with BIA, but rather with the DHS. According to the DOJ, this notice of appeal must be filed within 30 calendar days after the service of the decision of the DHS Officer. If you are appealing an immigration petition, you are the appellant. This form as well as the entire appeals process can be complex. It is often beneficial to have an attorney guide you through the process. For legal assistance, contact an Orange County immigration lawyer at the firm.

Review & Approval/Dismissal of Appeal

It is most common for an immigration appeal to be reviewed by one member of the Board, but in some cases there may be three reviewers. According to the United States Citizenship and Immigration Services (USCIS), there are four reasons why a case might be reviewed by three Board members:

1) The need to establish a precedent construing the meaning of laws, regulations, or procedures; 2) The need to review a decision by the USCIS that is not in conformity with the law or with applicable precedents; 3) The need to resolve a case or controversy of major national import; or, 4) The need to reverse the decision of the USCIS, other than a reversal under 8 C.F.R § 1003.1(e)(5).

Submitting a notice for appeal also requires that the appellant pay a fee of $110.00. Whether the appeal is approved or dismissed, the appellant must pay this fee without a refund. The DOJ authorizes attorney representation in immigration appeals cases, but the attorney and the appellant must fill out separate forms. The Notice of Appeal states "An attorney or authorized representative must file a separate notice of appearance on behalf of the petitioner (Form EOIR-27) with this Notice of Appeal." Remember, these cases are "paper" cases, but in some circumstances an oral argument may be granted.

There are eight reasons why an appeal might be dismissed (denied):

1) The reason for appeal is not clearly specified;
2) The reason for appeal involved a finding of the law that the appellant themselves conceded to;
3) The appeal was made after an order of relief had already been granted;
4) The appeal was filed for an "improper purpose" ;
5) The appellant claimed they would file a brief that they did not file;
6) The appeal does not fall within the Board's jurisdiction;
7) The appeal was untimely; or
8) The appeal fails to meet regulatory requirements.

Contacting an Orange County Immigration Lawyer

If your appeal for naturalization, a visa or some other form of temporary or permanent citizenship was denied, please consider contacting The Law Office of Bruce C. Bridgman. Our firm fights to see that clients are not wrongfully denied their petitions. Case consultations are free, so call today!

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