When dealing with immigration matters, sometimes mistakes happen.
Appeals
Immigration Appeals: Seek Justice with Yellow Law Group
Whether it’s a denial of asylum, withholding of removal, parole, or another immigration benefit, you may have the option to appeal an unfavorable decision. If you believe your immigration application or request was wrongly denied, it’s crucial to seek professional help to navigate the complex appeals process..
Understanding Immigration Appeals
An immigration appeal is a formal request to have a higher authority review a decision made by an immigration agency, such as U.S. Citizenship and Immigration Services (USCIS) or an immigration judge. If you have been denied an immigration benefit, such as asylum, temporary protected status (TPS), or a visa petition, you may be able to appeal that decision.
Here is a brief overview of how the immigration appeals process works and what you should know before taking action.
FAQs About Immigration Appeals
- Can any USCIS decision be appealed?
- Not all decisions can be appealed. The decision notice you receive will indicate if an appeal is possible. If you are unsure, it’s best to consult with an experienced immigration attorney who can guide you based on your specific case.
- How difficult is filing an immigration appeal?
- Immigration appeals are highly complex and typically require professional legal assistance. The process involves intricate paperwork, legal arguments, and detailed procedures. An immigration lawyer can help you navigate these complexities.
- What is the time frame for filing an appeal?
- In most cases, you have 30 days to file an appeal from the date of the unfavorable decision. Missing this deadline can forfeit your right to appeal, which is why it’s important to act quickly and consult an attorney.
- Who reviews immigration appeals?
- Appeals are reviewed by one of two bodies, depending on the type of case:
- Administrative Appeals Office (AAO): Handles appeals for decisions related to visa petitions, adjustment of status, temporary protected status (TPS), and other administrative matters.
- Board of Immigration Appeals (BIA): Reviews appeals related to asylum, removal orders, waivers of inadmissibility, bond or parole denials, and other immigration court decisions.
- Appeals are reviewed by one of two bodies, depending on the type of case:
Administrative Appeals Office (AAO)
The AAO is responsible for reviewing cases related to certain types of immigration benefits, including:
- Adjustment of status (e.g., T and U visas, temporary residents)
- Temporary Protected Status (TPS)
- Reentry applications after deportation
- Employment-based visas
- Fiancé petitions
- Investment-based visas
- Petitions for juveniles, orphans, and religious workers
The AAO ensures consistent application of immigration law and can address motions to reopen or reconsider decisions when appropriate.
Board of Immigration Appeals (BIA)
The BIA handles appeals for cases such as:
- Asylum and Withholding of Removal
- Waivers of inadmissibility
- Removal orders (deportation orders)
- Administrative fines and penalties
- Family-based immigration petitions
- Denial of bond or parole
The BIA’s role is to provide a fair and impartial review of immigration court decisions and ensure consistency in how laws are applied in different cases.
Contact Yellow Law Group for Immigration Appeals
If you’ve received an unfavorable decision from USCIS or the immigration court, don’t give up. The appeals process offers a second chance to seek the justice you deserve. At Yellow Law Group, our skilled immigration attorneys are ready to help you navigate the appeals process and present a strong case on your behalf.
Our team has extensive experience handling immigration appeals, and we are dedicated to fighting for your rights. We’ll work tirelessly to ensure your appeal is filed correctly and within the required time frame.
Contact us today at +1 (201) 899-6194 to schedule a consultation, or use our online form to get started. Let us help you take the next step in your immigration journey and give you the best chance at a favorable outcome.