Immigration Appeals Attorney in Orange County
Face the Board of Immigration Appeals with Strong Representation
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.
How Do I Appeal An Immigration Decision?
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
appeal lawyer at the firm.
Review & Approval/Dismissal of Immigration Appeals
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,
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).
Immigration Appeal Fees
Submitting a notice for an 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.
Why Was My Immigration Appeal Denied?
There are eight reasons why an appeal might be dismissed (denied):
- The reason for the appeal is not clearly specified;
- The reason for appeal involved a finding of the law that the appellant
themselves conceded to;
- The appeal was made after an order of relief had already been granted;
- The appeal was filed for an "improper purpose" ;
- The appellant claimed they would file a brief that they did not file;
- The appeal does not fall within the Board's jurisdiction;
- The appeal was untimely; or
- The appeal fails to meet regulatory requirements.
Immigration Appeals FAQ
Q. How long does it take for an immigration appeal? In general, the BIA does their best to approve or deny appeals within
180 days, however, complex cases can sometimes take anywhere between 8
to 18 months to resolve.
Q. What are the chances of winning immigration appeal? While we cannot gaurantee that your appeal will be accepted, having a
professional immigration lawyer on your side during the appeals process
can certainly improve your chances of having your appeal accepted. We
can help you understand why your request was denied in the first place,
and also help you to file any necessary paperwork.
Contacting an Orange County Immigration Appeals 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!