Who Is Eligible To File An Immigration Appeal In The United States?
In most cases, an appeal is available if your case has been denied by USCIS, or by the court system. There are some limited circumstances where an appeal is not available at all.
ARE THERE ANY TIME LIMITS OR REQUIREMENTS FOR IMMIGRATION RELATED APPEALS?
Generally, you have thirty days to appeal, however, under certain circumstances; you can go beyond the thirty days. Most likely, we would file what is called a motion to reopen your case, and as clients, you can get your cases reopened from years prior.
WALK ME THROUGH THE IMMIGRATION APPEALS PROCESS?
The appeals process is different, based on the type of case you are representing. For example, if you are in immigration court, and the judge denies your case, then you would file an appeal with the board of Immigration appeals. There is an application you submit, and after that, you would send a brief summary explaining why the immigration judge did not exercise your case properly, and where the judge erred.
HOW LONG DOES IT TAKE THEM TO MAKE A DECISION ON AN APPEAL?
It depends on the appeal. There are different types of appeals, and where the appeal is going. They have different time limits for each one, but in general, appeals can take anywhere from a couple of months to years.
CAN I MAKE AN APPEAL IF I AM ALREADY IN THE PROCESS OF BEING MOVED OR DEPORTED?
Yes, absolutely, you can appeal even if you are about to be deported. It is not incumbent for somebody to have an immigration judge who is going to be at the lowest level, and decide that an individual should be deported. There is the order of deportation, but we can file a stay of deportation, so the person cannot be removed from the United States while the appeal is pending. We have been successful numerous times with individuals that were ordered to be deported, but then were able to get their case reopened with a favorable decision for them.
WHAT ARE THE BIGGEST CHALLENGES THAT PEOPLE FACE WHEN SEEKING AN APPEAL?
Every type of case is going to be fact specific, and a challenge. In general, going back to immigration courts, the most difficult part of an appeal is saying that a judge erred. Many of the judge’s decisions concerning immigration is very subjective, so it is a difficult burden to meet, but one we do successfully, and frequently.
IF MY IMMIGRATION APPEAL IS DENIED CAN I APPEAL AGAIN?
Yes, if you are denied an appeal, you can literally file an unlimited amount of appeals. If your case were denied, initially you would file an appeal. Then if that appeal is denied in immigration court, you can go to the Board of Immigration Appeals, and you can go to Federal court, and have a Federal Court review the case. As an alternative, you can file a motion to reconsider the decision with the immigration appeals board, and you could file an appeal for a motion to reconsider. There are unlimited amount of signs. You can also file a motion to reopen if you show new evidence with your case that was not available at the time of your original hearing.
ADDITIONAL INFORMATION ABOUT IMMIGRATION APPEALS
The appeals process in immigration can be very difficult, and it is very important to have knowledgeable counsel that has had success throughout the process.
For more information on Eligibility For Immigration Appeal, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 792-6970 today.
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