If a judge or the United States Citizenship and Immigration Services (USCIS) has denied your petition, you might have the opportunity to file an appeal. Getting a second chance at the Board of Immigration Appeals (BIA) may help you secure the final resolution you deserve.
Learning that your visa application has been rejected can be crushing, but this denial is not always the last word in an immigration case. With the help of a skilled immigration attorney, you can determine if the appellate system is right for you. Reach out to a Newark immigration appeals lawyer as soon as possible to get started.
Most of these cases are heard by the BIA. The board has the power to review decisions made by immigration judges as part of the deportation and removal process. It is also empowered to act following the denial of a family-based visa application.
One benefit of filing an appeal—particularly in deportation cases—is that it may be possible to have the case deferred until the appellate court makes a decision. In other words, deportation may be put on hold throughout the process.
It is important to understand that going before the BIA to appeal is not the same as receiving a new trial. There will not be the same opportunities to show evidence compared to immigration court cases. Instead, it is up to the board to review the record from the original trial and determine if any legal mistakes were made.
These cases are mostly handled in writing. While there is the opportunity to ask for oral arguments in a case, the board rarely grants these requests. Instead, the bulk of these cases involve filing briefs and motions with the court. Instead of submitting new or original evidence, it is their role to determine if an error was made based on the already-submitted evidence that altered the outcome of the case.
Initiating this process starts with a document known as the Notice of Appeal. It must be filed with the BIA within 30 days of the decision. This time limit can be shorter than it appears, as the 30-day window begins to expire the day the decision is made, not when a person learns of it.
A knowledgeable immigration attorney in Newark could help with filing the notice of appeal and ensuring that all procedural requirements are met for the best chance of a successful outcome.
Not everyone will ultimately be successful when their case goes before the Board of Immigration Appeals; in fact, most people will lose their appeals. In these situations, the board will uphold the lower court’s original decision. However, it is important to note that in some cases, there might still be one more opportunity for justice.
The final option for review is at the U.S. Federal Court of Appeals. An immigrant must file a document known as a Petition for Review in court within 30 days of the board’s denial. Attempt this final stage of appeal with the support of a Newark immigration attorney to avoid putting your case in jeopardy.
If you have received an adverse ruling in immigration court, the appellate process represents your last chance for a reversal. You deserve an advocate that can help you get the best possible result. Reach out to a Newark immigration appeals lawyer today and schedule a consultation to learn more.
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