A denied immigration petition does not mean your journey to enter or remain in the United States is over. You have the right to appeal in many cases, and this process may result in a reversal of the original decision.
The appeal process is complex and difficult to navigate on your own. In the case of an adverse decision, a Union City immigration appeals lawyer can assist you with every aspect of your case. You can contact our compassionate immigration attorneys at the Law Office of Lloyd E. Bennett Esq., P.C. to learn more.
First and foremost, not every immigration-related decision is reviewable. Certain orders are final, no matter how strongly you feel about your result. An appeal is the process of requesting a higher court or agency to review an initial decision in your immigration case.
If you are unhappy with the outcome, you may be able to file an appeal in some cases, including:
It is important to note that you have a limited period to file your appeal—in most cases, this is 30 days. This 30-day window commences from the date your petition is formally denied.
Managing these legal deadlines can be challenging, and missing them may mean losing an opportunity forever. Our immigration attorneys in Union City can help you comply with these appeal time limits.
The immigration appeals process gives you the chance to challenge decisions made by immigration courts or agency that may negatively affect your status in the United States. When a judge or officer denies an application for relief, you may have the right to appeal that decision. Appeals are typically filed with the Board of Immigration Appeals (BIA), the highest administrative body for interpreting and applying immigration laws, but can also be filed with USCIS in certain situations.
The process typically begins by filing a notice of appeal within the strict 30-day deadline discussed previously. The next step involves submitting a written brief outlining the legal errors or issues in the original ruling.
In most cases, the BIA reviews the case on paper without a new hearing, though an oral evaluation may be scheduled in rare circumstances. The BIA can either uphold the decision, overturn it, or send the case back to the lower court for further proceedings.
Because immigration laws are complex and deadlines are strict, appealing a case requires careful legal strategy. Though challenging, a successful appeal can protect you from removal, and our Union City immigration lawyers can assist you in achieving this goal.
Immigration appeals are typically lengthy, drawn-out processes. There is no way to predict with certainty how long it might take to get an answer. However, a Union City attorney familiar with immigration laws can discuss some general guidelines concerning appeals.
In the best-case scenario, your appeal is likely to take at least a few months to complete. While results are usually achieved within the first six months, a quick outcome does not guarantee success. Other appeals can take much longer to resolve, and in some situations, you could be waiting for a decision for a year or more.
If you are unhappy with the results of your immigration case, an appeal might keep your dream alive. While this option is not always available, a Union City immigration appeals lawyer at the Law Office of Lloyd E. Bennett Esq., P.C. can review your case and advise you accordingly. Contact us as soon as possible to schedule a private consultation with our team.
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