Beach-Oswald Immigration Law Associates, PC

Appeals

If an immigration judge has denied your petition or application, there is still hope for your case.  U.S. immigration law allows you to appeal your case and have it heard by a higher authority.  This means that a higher authority can modify or even reverse the denial of your petition or application.

If you wish to file an appeal you must discuss this with an attorney.

Beach-Oswald Immigration Law Associates has over 20 years of experience in appeals and can offer their legal assistance and expertise in all types of appeals.

There are two main appellate courts that can hear your case:

  1. The Board of Immigration Appeals (BIA)
  2. The U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO)

The Board of Immigration Appeals will hear appeals of the following types of cases:

  • Orders of removal (deportation)
  • Denials of applications for relief from removal
  • Unfavorable decisions of INS District Directors and immigration judges on waiver applications
  • Relative visa petition denials and approval revocations

The Administrative Appeals Office will hear the following types of cases:

  • Denials of employment-based preference petitions
  • Denials of petitions for temporary workers
  • Workers under the E, H, L, O and P class
  • Denials of re-entry permit applications
  • Denials of applications of two year foreign residency requirement based on exceptional hardship or fear of prosecution
  • Revocation of approvals of immigrant visa petitions

What if the BIA or the AAO affirms the unfavorable decision?

The U.S. Court of Appeals

In most cases, if the BIA affirms the lower court’s decision, then you can still appeal in the U.S. Court of Appeals (also known as the Circuit Courts)
These appeals must be filed within 30 days of receiving your BIA decision
Jurisdiction of the Circuit Court depends on where the Immigration Judge heard your case.

While many times a Motion to Reopen to the BIA may be a better solution, appealing to the U.S. Court of Appeals can still be effective.

The associates at Beach-Oswald Immigration Law have extensive experience in winning appeals to the U.S. Court of Appeals and Motions to Reopen.  At the U.S. Court of Appeals, we do approximately 20 to 30 cases a year that include an oral argument.  This can be very helpful and persuasive to your case.

The U.S. District Court

In most cases, if the AAO affirms the lower decision, then you can still appeal in the local U.S. District Courts.
The U.S. District Court can also hear the following types of appeals:

  • Mandamus Action
    • This can be a very effective method if the USCIS has delayed in adjudication on your case.
  • Naturalization Appeals
    • These can be appeals when the USCIS has denied the application or when the USCIS has not taken action in 120 days since the interview
  • Summary Judgment actions and responses
  • Some appeals from the BIA

Are there any other ways I can appeal?

If your labor certification is revoked, you can appeal to the Board of Alien Labor Certification (BALCA).

What do I do if my petition or application has been denied?

  • You will receive notice of your denial through either a hearing or by mail. You will also receive instructions for appealing your case. This will include:
  • The appropriate appellate authority for your decision - This will be either the BIA or the AAO
  • The deadlines for your appeal
  • The correct form for filing your application to appeal
  • You them must file a notice of appeal

If the AAO has jurisdiction over your appeal, you must file an I-290B Appeal

  • This includes appeals from the USCIS to the Service Center that decided your case
  • This includes appeals to the USCIS based on errors in their decision
  • If there was a USCIS service error, then your fee payment can be waived

What are the deadlines for filing a notice of appeal?

  • The notice of appeal must be filed 30 days after the date of the decision
  • If you were notified by mail the notice of appeal must be filed 33 days after the date of the decision
  • If you wish to appeal to revocation of an approved immigration petition, you must file 15 days after the date of the decision, 18 days if you were notified by mail

Where do I file the notice of appeal?

The notice of appeal must be filed with the office that made the original decision.

What do I submit with my notice of appeal?

  • You may file a brief explanation to support your appeal
  • A fee is also required with your notice of appeal
  • This fee must be included when you file the notice of appeal
  • If you are seeking to waive this fee, then you must check with the USCIS fee waiver policy and request procedures

 

 


The contents of these web pages are provided for general informational purposes and do not constitute legal advice for specific cases, which should only be obtained from an attorney. Beach-Oswald Immigration Lawyers can assist with all forms of temporary or permanent immigration to the United States.