Immigration Appeals Process

Immigration Appeals Process

If an immigration judge denied your case during your merits hearing in immigration court, which is also known as the Executive Office for Immigration Review (EOIR), you have a right to an appeal. At the Kapoor Law Firm, our immigration attorneys have the experience and skill to help protect your rights and guide you through the appeals process. Here is what you need to know:

How to File an Appeal

Your appeal must be filed with the Board of Immigration Appeals (BIA) in Falls Church, Virginia. The appeal is done in writing and usually without any hearings, except in rare cases. This is intended to give the Board a chance to review the validity of the immigration judge’s decision rather than to give you another opportunity to present your case. However, you will be able to send supporting documents for your case along with all other required paperwork.

Your appeal must be filed and received by the BIA within 30 days from the date of the judge’s order. For those who received a judge’s decision in writing instead of open court, you must ensure your appeal is received within 30 days of the date the decision was mailed to you. Late-filed appeals will not be accepted, even if it was late due to a mail courier, so make sure you fill out the mailing label and all other materials correctly and provide proper postage.

What Next

When the BIA receives your appeal, they will send you a receipt notice within 2 weeks and, if you do not hear from them, you should contact the BIA.

A briefing schedule will then be set, if you indicated you would submit a brief, which you are given 30 days to file. Opposing counsel will have 30 days to respond. After reviewing submissions from both parties, the BIA will finally make a decision on your appeal. This process can take months or years, depending on your circumstances. Keep in mind that even if the immigration judge ordered to have you deported, you have a right to stay in the United States while awaiting a decision on your appeal. If you leave the country, your appeal will be canceled.

Garden City Immigration Lawyer

Dealing with an immigration issue can be incredibly stressful and challenging, jeopardizing a person’s dreams and goals. At Kapoor Law Firm, our legal team will work diligently to obtain the results you need to pursue your immigration goals.

Contact us today at (516) 806-4070 for a consultation.

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