Understanding Your Rights and the Process
Navigating the U.S. immigration system can be complicated, especially when you face a denial or unfavorable decision. Fortunately, if your immigration application or petition has been denied, you may have the option to file an appeal. This page from Central Justice provides a straightforward overview of the immigration appeals process, the types of decisions that can be appealed, the bodies that handle these appeals, and the timelines involved.
What is an Immigration Appeal?
An immigration appeal is a request for a higher authority to review a decision made by an immigration official or judge. If you believe that a mistake was made in your case or that the law was not applied correctly, an appeal gives you the opportunity to have your case reconsidered.
Appeals are a crucial part of the legal process, offering a second chance to achieve a favorable outcome. However, it’s essential to understand that filing an appeal does not guarantee that the original decision will be overturned. The appeals body will carefully review your case and determine whether the decision should be changed or upheld.
Types of Appealable Decisions
Not every decision made by U.S. immigration authorities can be appealed. Here are some common types of decisions that may be eligible for an appeal:
- Visa Denials: If a U.S. consulate or embassy denies your visa application, you may be able to appeal the decision.
- Removal Orders: If an immigration judge orders your removal (deportation) from the United States, you can appeal this decision to the Board of Immigration Appeals (BIA).
- Asylum Denials: If your asylum application is denied, you can appeal the decision to the BIA.
- Adjustment of Status Denials: If your application to adjust your status to that of a lawful permanent resident (green card holder) is denied, you may be able to appeal.
- Naturalization Denials: If your application for U.S. citizenship is denied, you can request a hearing to appeal the decision.
- Waivers of Inadmissibility Denials: If your request for a waiver of inadmissibility is denied, you may be able to appeal.
It’s important to consult with an experienced Orlando immigration attorney to determine whether your specific case qualifies for an appeal.
Who Handles Immigration Appeals?
Several bodies handle immigration appeals, depending on the type of decision being appealed:
- Board of Immigration Appeals (BIA): The BIA is the highest administrative body for interpreting and applying immigration laws. It hears appeals from decisions made by immigration judges and certain decisions made by U.S. Citizenship and Immigration Services (USCIS) officers. The BIA reviews cases involving removal orders, asylum denials, and other significant immigration matters.
- Administrative Appeals Office (AAO): The AAO handles appeals related to certain types of visa petitions and other immigration benefits. For example, if USCIS denies your employment-based visa petition or a petition for a family member, the AAO may review your appeal.
- Federal Courts: In some cases, after exhausting all administrative appeals, you may have the option to take your case to a federal court. This step is usually taken if you believe your constitutional rights were violated or there were legal errors in the administrative appeal process.
The Appeals Process and Timelines
Filing an appeal is a time-sensitive process. Here’s a general overview of the steps involved and the timelines you need to be aware of:
- Notice of Appeal: The first step in the appeals process is to file a Notice of Appeal with the appropriate body, such as the BIA or AAO. This document informs the authorities that you intend to appeal the decision. It’s important to file this notice within the specified deadline, typically 30 days from the decision date. Missing this deadline could result in losing your right to appeal.
- Preparing Your Appeal: After filing the Notice of Appeal, you’ll need to prepare a legal brief or statement explaining why you believe the decision should be overturned. This document should include evidence, legal arguments, and other information supporting your case. Depending on the complexity of your case, this step can take several weeks or months.
- Review by the Appeals Body: Once your appeal is submitted, the appeals body will review your case. This review process can vary in length, depending on the backlog of cases and the complexity of your situation. It’s common for appeals to take several months or even over a year to be resolved.
- Decision: After reviewing your case, the appeals body will issue a decision. The decision could affirm the original ruling, overturn it, or send the case back to the lower authority for further review. If the decision is unfavorable, you may have the option to appeal to a higher authority, such as a federal court.
Why You Need an Orlando Immigration Attorney
Navigating the immigration appeals process can be overwhelming, especially if you are unfamiliar with U.S. immigration laws and procedures. An experienced Orlando immigration attorney at Central Justice can help you understand your rights, evaluate your case, and guide you through each step of the appeals process. You can improve your chances of achieving a favorable outcome with the right legal representation.
If you or a loved one is facing an unfavorable immigration decision, don’t wait to seek help. Contact us today to discuss your options and take the first step toward appealing your case. We are committed to helping immigrants protect their rights and achieve their dreams in the United States.